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Alleged Assault: CCT Chairman, Danladi Umar Fails In Bid To Stop Senate Probe

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Chairman of the Code of Conduct Tribunal, Danladi Umar
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A Federal High Court in Abuja says the Nigerian Senate has the power to investigate Chairman of the Code of Conduct Tribunal, Danladi Umar over the case of an alleged assault on a security guard at a shopping mall in Abuja.

Delivering Judgement on Tuesday, Justice Inyang Ekwo, said the CCT boss failed to display high moral public standards by his conduct and with the Code of Conduct Bureau being a product of an Act ratified by the National Assembly, it, therefore, has powers to investigate his conduct.

The court subsequently dismissed the suit by Mr Umar seeking to stop his investigation by the Senate Committee Ethics, Privileges and Public Petitions, for lacking in merit.

The CCT Chairman had challenged among other things, the powers of the Senate to investigate him in an alleged assault perpetrated against a security guard at Banex Plaza in Abuja.

He is also asking the court for an order of perpetual injunction restraining the Senate, its members, and agents from conducting or continuing to conduct investigations into the allegations of assault leveled against him via a petition submitted to the Senate.

Specifically, the plaintiff wants the court to determine whether the alleged case of assault which took place at Banex plaza in Abuja on March 29, 2021, formed part of the matters the Senate is constitutionally empowered to investigate, as it’s not subject to the provision of section 88 and 89 of the 1999 constitution.

The victim, Clement Sargwak, had alleged that he was assaulted by the CCT Chairman and a policeman attached to him in March 2021 at the popular Banex plaza Abuja where he worked as a security guard.

According to Sargwak, the CCT boss assaulted him while undergoing his lawful activities after he informed him that his car was wrongly parked.

The victim, therefore, asked the Senate to ensure justice is done over his case.

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Judiciary

Judiciary: 15 High Court Judges To Face NJC Probe Panels over Alleged Misconduct

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Chief Justice of Nigeria, Justice Olukayode Ariwoola.
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The National Judicial Council (NJC) has set up Probe Panels to investigate alleged gross misconduct allegations brought against 15 Judges of the federal and state high courts.

The probe panels are to determine the culpability of the Judges in the various petitions filed against them by individuals and corporate bodies.

This was disclosed in a statement on Friday by the NJC Director of Information, Mister Soji Oye, saying that the decision to investigate the alleged erring judges was taken at the Council’s 99th meeting presided over by the Chief Justice of Nigeria, Justice Olukayode Ariwoola.

He stated that the decision is sequel to the submission of recommendations of three Preliminary Complaint Assessment Committees which considered 66 petitions forwarded to them by the Council from all over the Federation.

However, the NJC spokesman did not name the judges to be probed, their divisions, and the specific nature of their alleged offences.

He noted that the Council dismissed petitions against 51 Judicial Officers of the federal and state high courts for either lack of merit, being subjudice, or being matters for an appeal or that the concerned Judge have retired from service.

According to Oye, the Council was formally presented with the reviewed Judicial Information Technology Policy which established the general requirements and responsibilities for the Nigerian judiciary systems and information.

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Judiciary

Court Orders Arrest of COAS For Contempt

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Chief of Army Staff, General Faruk Yahaya
Chief of Army Staff, General Faruk Yahaya
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A High Court Sitting in Minna, the Niger State Capital, has issued a warrant of arrest on the Chief of Army Staff (COAS), General Faruk Yahaya for contempt.

Also to be arrested include Commandant Training and Doctrine Command, Minna, Major General Olugbenga Olabanji for a similar offense.

The presiding judge, Justice Halima Abdulmalik said the order followed upon hearing on motion on notice brought before the court in pursuant of order forty-two rule ten of the Niger State High Court Civil procedure 2018.

Justice Abdulmalik ruled that the order is commuting Yahaya and Olabanji to be kept in Minna correctional custody for contentions of order of this court on 12 October, 2022.

According to her, the two suspects are to remain in custody until they purge themselves of the contempt.

Justice Abdulmalik then adjourned the case to December 8 for continuation.

In November, Justice Mobolaji Olajuwon of the Federal High Court, Abuja sentenced the Inspector-General of Police (IGP), Usman Baba to three months in prison for disobeying a court order.

Delivering ruling, Justice Olajuwon issued the order following a suit filed by a former police officer, Patrick Okoli who claimed he was unlawfully and compulsorily retired from the Nigeria Police Force.

Also in November, Justice Chizoba Oji of a High Court Abuja convicted the Chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa for contempt and ordered that he should be committed to prison at Kuje Correctional Centre, Abuja.

The judge held that Bawa was in contempt of the order of the court made on November 21, 2018, directing the commission to return to an applicant, his Range Rover and the sum of N40 million.

However, Justice Oji in a subsequent ruling set aside the conviction of Bawa after hearing an application brought by the EFCC chairman.

 

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Judiciary

Senate Passes the Administration of Criminal Justice Act (Repeal and Enactment) Bill, 2022, as amended.

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Senator Michael Opeyemi Bamidele
Senator Michael Opeyemi Bamidele
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* To provide Uniform Sentencing Policies and more Justice Mechanisms

 

The Senate has passed the Administration of Criminal Justice Act (Repeal and Enactment) Bill, 2022, as amended.

The Administration of Criminal Justice Act (Repeal and Enactment) Bill, 2022(SB.920) which was read the third time and passed, provides for uniform Sentencing policies and more restorative justice mechanisms, such as – Victim Offender Mediation; Suspended Sentence and Probation; and Community Service, etc.

The passage was sequel to the presentation of the report by the Senator Michael Opeyemi Bamidele, Ekiti Central led Senate Committee on Judiciary, Human Rights and Legal Matters.

In his presentation, Senator Bamidele said that the Senate in its amendment changed the ” Establishment of the Administration of Criminal Justice Monitoring Committee to ” Establishment of the Administration of Criminal Justice Monitoring Council”

Senator Bamidele said that the Observations and findings were “That stakeholders unanimously supported the passage of the Bill in view of its strategic relevance to the reform in the justice sector as it is one of the policy thrusts of this administration;

“That to entrench the culture of fair, efficient and effective criminal justice service delivery in Nigeria and to improve outcomes, through active partnership, it is imperative that the extant Act be holistically reviewed with a view to making all-encompassing provisions, targeted at addressing all the inherent challenges in the course of its as implementation with respect to some judicial pronouncements on the subject matter;

“That that the establishment of the Administration of Criminal Justice Monitoring Council is in line with what is obtainable in other jurisdictions, especially, the United States of America where there is Bureau of Justice and Criminal Justice Board in the United Kingdom, etc.;

“That the contemplation for the establishment of the Council should not be perceived as a new statutory body, as there is in existence, the Administration of Criminal Justice Monitoring Committee (ACJMC), established pursuant to the extant Act and funded through the Federal

Ministry of Justice. The legislative intent of this Bill is merely to substitute the word “Committee” with the word “Council”. This is to ensure operational efficiency of the ACJMC and enable it to access its Capital funding from the Federal Ministry of Finance. This contemplation is also in line with the advice of the Federal Ministry Finance, which is of the opinion that statutory budgetary provisions cannot be released directly to Committees, as assignments of Committees are perceived to be Ad-Hoc in nature with limited or specific timeframe. However, this is not the intention behind the establishment of the ACJMC, in view of its strategic role as it pertains to administration criminal justice in the country;

“That in jurisdictions where similar bodies exist, they are empowered to provide directions on operational delivery, aimed at improving the efficiency and effectiveness of the criminal justice system, by bringing together, criminal justice agencies to support joint work, targeted at improving service delivery in order to reduce crime, recidivism and unnecessary confinement. All these are well streamlined and structured in the Bill for the promotion of safe and fair criminal justice system for the enhancement of quick dispensation of justice;

“That the proposed Bill has been painstakingly structured and clearly drawn-out to address the plethora of shortcomings of the extant Act as well as make all-encompassing provisions in line with global best practices to ensure that we consolidate on the gains/achievements the country has recorded in our justice sector in the past few years;

“That the contemplated Council will not pose additional financial burden on the Government as the existing Administration of Criminal Justice Monitoring Committee is already being funded through the Federal Ministry of Justice Budget. This clarification is necessary for the avoidance of doubt; and

“That the enactment of this Bill will guarantee and ensure regulatory mechanism and framework to properly oversee the implementation of the Act by ensuring effective criminal justice administration in the country.”

 

 

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