Monday, June 3, 2013
National Mirror www.nationalmirroronline.net
41
Law & Justice nationalmirrorlaw@yahoo.com
“The courts should always be very cautious in not allowing technicalities to be used in perpetrating injustice.” JUSTICE DAHIRU MUSDAPHER, FORMER CHIEF JUSTICE OF NIGERIA.
Rot in judiciary: Odinkalu, Agbaje, others differ on Okeke’s outburst Complaint of corruption in judiciary disturbing –Sowemimo 42
Justice Okeke
Uwaifo, apostle of judicial activism 44
How Akintola’s spouse lost Osogbo land tussle 46
CJN and NJC Chairman, Justice Mukhtar
When Justice Okechukwu Okeke formally bowed out of the Federal High Court Bench last week, he described himself as a victim of injustice in the Nigerian judiciary. Mixed reactions have since trailed his outburst. Just as the retired judge has put the National Judicial Council (NJC) to task over the handling of petitions written against him before his retirement. FRANCIS FAMOROTI, Head, Judiciary examines the issue.
“I
plead with the National Judicial Council (NJC) in the interest of justice and the benefit of the citizens of Nigeria to publish in any national newspaper, unedited, the said petitions and my responses to them. “Such publication will be in compliance with the provisions of the Freedom of Information Act....”. Those were the words of Justice Okeke as he bade farewell to his colleagues last week at a special sitting held in his honour in Lagos. Few weeks to his retirement, Okeke had suffered a setback when the NJC issued him a warning letter dated May 6, 2013 following the various petitions written against him. But Okeke, who broke his silence on the warning handed him last month, alleged at a valedictory session last week that a serving Justice of the Supreme Court, Justice Clara Ogunbiyi, was behind his recent travail. He said three petitions were written against him at the twilight of his service, all written by Senior Advocates of Nigeria, SANs, on behalf of their clients. In separate interviews with National Mirror, Malam Yusuf Ali (SAN) said, ‘’I believe Justice Okeke has expressed his views as an
individual. He is free by law to express his view about any burning issue. We also need to know the other side of the story. There are two sides to a coin. It is an incomplete story for now and I cannot make any comment on it for that reason. Lagos lawyer, Mr. Fred Agbaje said ‘’As far as I am concerned, the issue raised by Justice Okeke is more of a personal issue between him and the alleged Justice of the Supreme Court. Until I go through all the details and sides of what transpired, I cannot really make any substantial comment. ‘’
JUSTICE OKEKE’S NARRATIVE IS DEEPLY TROUBLING.
HIS
ALLEGATIONS DESERVE TO BE TAKEN SERIOUSLY AND TO BE TREATED WITH DETAILED ATTENTION
But the Chairman, National Human Rights Commission, Prof. Chidi Odinkalu, said, ‘’Justice Okeke’s narrative is deeply troubling. You will realise that at the valedictory session, the visitor’s form filled by Funke Ogunbiyi was distributed. His allegations deserve to be taken seriously and to be treated with detailed attention.’’ A former second Vice-President, Nigerian Bar Association, (NBA), Mr. Adekunle Ojo urged the NJC to investigate the grave allegation at least for the name of the judge alleged to be involved to be cleared. He stated that, ‘It is unfortunate that such grave allegation will be allowed to be swept under the carpet. I believe NJC should investigate the matter.’’ Ojo noted that that whoever is responsible to have committed gross misconduct should be sanctioned and dealt with accordingly. An ex-first Vice-Chairman, NBA, Ikeja Branch, Mr. Yinka Farounbi equally spoke in similar vein that the matter should be thoroughly investigated because Okeke had been bold enough to mention names. ‘According to him, ‘’I have no objection to the publication of the details since they are not inimical to the interest of the state. The matter should be thoroughly investigated and those implicated should be brought to book.’’ The Executive Director, Centre for the Rule of Law, Mr. Olasupo Ojo, said Okeke had a right to disclose the full information if he feels unjustly treated and I hereby CONTINUED ON PAGE 44