From Godwin Tsa, Abuja
The Nigerian political landscape has been abuzz with controversy following decisions and judgments of the courts on issues of public interest, including political cases.
The hue and cry that trailed such judgments point to the fact that the state of the judiciary holds significant implications for the nation’s democratic system.
Indeed, the judiciary plays a pivotal role in maintaining the checks and balances vital to a thriving democracy. The legal processes and procedures must be adhered to meticulously as prescribed by the rule book.
The rule of law should be the guiding principle, ensuring that justice is served and the confidence of the public in the judiciary remains unshaken. Transparency in the judicial process and a commitment to due process can help dissipate doubts surrounding the decisions of the court
The task of reshaping and redeeming the dwindling image of the judiciary in 2024 falls in the hands of the following personalities:
The CJN, Justice Olukayode Ariwoola
The office of the Chief Justice of Nigeria (CJN) is very sensitive in the judicial arm of the government of Nigeria, and the judicial arm of the government of Nigeria is headed by the Chief Justice of Nigeria, in the person of Justice Olukayode Ariwoola.
Justice Ariwoola is also saddled with the responsibility of presiding over the Nigerian Supreme Court, which is the highest of all the courts in Nigeria, and the National Judicial Council (NJC). The decision of the Supreme Court of Nigeria is, however, final.
Therefore, going by this fact, it is expected that, the CJN tries as much as possible to make sure that he bears a greater responsibility of making sure that Nigerian laws are protected.
Otherwise, in a situation, where the Chief Justice of Nigeria does not take to such responsibility, there is bound to be chaos in the judicial system of this country.
By section 233 (1) (e) of the 1999 Constitution, the CJN can choose to appoint himself to head a panel of the Supreme Court that will give the final verdict on cases before the court.
Indeed, whether he chooses to be on the panel or not, he has the prerogative to choose the members of the Supreme Court panel that will settle the matter one way or the other.
As the head of the Supreme Court, the CJN is also the head of the entire Nigerian judiciary and oversees the NJC, the body that is responsible for the appointment and disciplining of judges across the country.
According to his profile published on the Supreme Court’s website, Mr. Ariwoola started his primary education at the Local Authority Demonstration School, Oluwole in Iseyin in 1959. He graduated from the school in 1966.
He attended Muslim Modern School in the same town from 1967 to 1969 and then proceeded to Ansar-Ud-Deen High School Saki, Oyo State, in 1970. He completed his High School at the Ansar-Ud-Deen High School, Saki, in 1974.
He was admitted into the University of Ife (now Obafemi Awolowo University, Ile Ife) to study Law in 1977.
He graduated from the university with a Bachelor’s degree in Law (LLB) in 1980.
He was called to the Nigerian bar and enrolled as a solicitor and advocate of the Nigerian Supreme Court in July 1981.
The AGF, Lateef Fagbemi, SAN
Sections 150 and 195 of the 1999 Constitution both provide for the appointment of an Attorney-General (AG) who is the Chief Law Officer of the Federation and the State, respectively. The position of an AG at both the federal and state levels is a dual position because he is also a Minister of the Government at the Federal level and at the state level, the Commissioner for Justice.
The AGF can undertake and institute criminal proceedings against any person before any court of law in the country. According to Section 174 (1) of the constitution, this means that he can take over and continue criminal proceedings started by any authority or person. He can also discontinue cases at any stage before judgment is delivered.
The AGF is the Chief Law Officer of the Federation; and is complemented by the Offices of the Solicitor General (SGF) and Director of Public Prosecutions (DPP).
It is the job of the Attorney-General to advise the Government on the constitutionality of policies and actions taken or embarked upon by the Government. It is his job to give or proffer justification for the actions, policies, and laws of the Government. It is the Attorney-General who, for instance, advises the President on whether proposed legislation by the National Assembly complies with the provisions of the Constitution, or treaties freely entered into by the Federal Government. The Attorney-General is adviser to all Federal Executive Council Meetings and that invariably makes it imperative for the Office of the AGF to be abreast of all Memoranda slated for consideration at such meetings. As the legal adviser to each Department or Institution of Government, the Office has its reach and hands on every sector of the Government. Besides the highly technical job of drafting statutory instruments and conveyancing instruments concerning national and transnational businesses, the Attorney-General is the defender of the Government’s interests in all of such transactions.
The sitting Attorney General of the Federation and Minister of Justice is Prince Lateef Olakunle Fagbemi, a Senior Advocate of Nigeria (SAN).
During his ministerial screening as Nigeria’s Chief Law Officer, Mr. Fagbemi, an accomplished lawyer with a legal career spanning four decades, hinted at merging the country’s anti-corruption agencies like the ICPC and EFCC.
He berated law enforcement agencies for arresting crime suspects before the conclusion of an investigation.
Mr. Fagbemi also criticized law enforcement institutions for flouting court orders.
Born on June 22, 1956, in Ijagbo, Kwara State, Prince Fagbemi has made significant and indelible contributions to the development of the legal profession through the expansion of frontiers of jurisprudence in Nigeria.
He was one-time youngest Senior Advocate of Nigeria, having attained the enviable rank of silk at the youthful age of 37! This means he got that enviable rank of distinction before his 11th year at the bar, having been called to the Bar in August 1985.
Prince Fagbemi acquired his initial tutelage, grilling, and professional maturation in the hallowed chamber of the legal guru, Chief Afe Babalola, SAN of Afe Babalola SAN and co, within a timeline of eleven years. He then went ahead to establish his chamber, Lateef Fagbemi & Co, aka, Temitope Chambers, and has not looked back since then. The chamber has since grown in leaps and bounds, with branches now in Ibadan Lagos, Kwara, and Abuja.
For the past four decades, Fagbemi has handled, numerous cases in diverse areas of law practice including arbitration, alternative dispute resolution, commercial law, land and border disputes, high-profile political cases, anti-corruption matters, constitutional matters, and election petition cases.
Fagbemi was the Lead Counsel of the 2023 All Progressives Congress (APC)’s Presidential Election Petition Legal Team, leading a team consisting of twenty-seven senior Advocates of Nigeria.
President of the Court of Appeal (PCA)
In its appellate jurisdiction, the Court of Appeal hears and determines appeals, both civil or criminal, as 9f right from the Federal High Court or State High Court. (Section 242 of the 1999 Constitution, the Customary Court of Appeal of a State including Abuja(S. 245 of 1999 Constitution), the Code of Conduct Tribunals(S. 246 of 1999 Constitution) and Election Petition Tribunals, in particular the National Assembly, Governorship and Legislative Houses Election Tribunals. (Section 246 (1) (b) of 1999 Constitution).
In its original jurisdiction, the Court has original and exclusive jurisdiction as a Court of First Instance in Presidential Election Petition (S. 239 of 1999 Constitution).
By the provision of section 238 of the 1999 Constitution, the appointment of a person to the office of President of the Court of Appeal shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.
On June 29, 2020, Justice Monica Dongban-Mensem was sworn in by the then Chief Justice of Nigeria, Justice Tanko Muhammad, as President of the Court of Appeal (PCA).
Hon. Justice Monica Bolna’an Dongban-Mensem was born on 13th June, 1957, to the family of M.B. Douglas-Mensem; a retired Appeal Court Justice.
She hails from Shendam Local Government Area of Plateau State. She got both her LL.B and LL.M degrees from the Ahmadu Bello University, Zaria.
She was a Visiting Lecturer on Press Law at the Catholic Media Centre, Kaduna, from 1988-1992 and a part-time lecturer at the University of Jos, between 1989 and 1997.
From 1990-1993, Justice Dongban-Mensem served as Deputy Chief Registrar, Superior Courts, and Protocol Affairs, and was appointed Judge, High Court of Justice, Plateau Judiciary from 1993-1996.
Justice Dongban-Mensem transferred her service to the Federal Capital Territory (FCT) Judiciary in 1997, where she served until she was elevated to the Court of Appeal in 2003.
She was sworn in as the President of the Court of Appeal on 19th June, 2020, by the CJN.
Until this recent elevation, Hon. Justice Monica Dongban-Mensem was the presiding justice of the Court of Appeal, Enugu Division, and a Life Member of the Body of Benchers.
The Chief Judge, Federal High Court
The Federal High Court (Federal Revenue Court as it then was) was established by the Federal Revenue Act 1973 (1973 No.13). The Court was renamed the “Federal High Court” by Section 228 (1) and 230 (2) of the Constitution of the Federal Republic of Nigeria, 1979. It is essentially a Commercial Court.
The Federal High Court has extensive and exclusive jurisdiction in the handling of commercial matters as a court of first instance. The Federal High Court has jurisdiction covering the whole of Nigeria and has divisions in all the states of the Federal Republic of Nigeria. It is a feature of the Federal High Court that Judges deal with all case management, interim hearings, and trials.
The occupant of the office, Hon. Justice John Terhemba Tsoho, was born on 24th June, 1959, in Mbaduku, Vandeikya LGA of Benue State. He began his educational sojourn in 1967 at St. Anthony’s Primary School, Chenge-Mbaduku, where he got his First School Leaving Certificate, and went on to attend St. Michael’s Secondary School, Aliade, where he obtained his West African School Certificate (WASC) in 1977. He also enrolled at the Murtala College of Arts, Science and Technology, Makurdi, where he sat for the IJMBE A/L in 1979, before proceeding to the University of Lagos, Akoka, Lagos, in 1980, where he bagged LLB (HONS) in 1984. Hon. Justice Tsoho was called to the Nigerian Bar after attending the Nigerian Law School, Lagos, in 1985.
He began his career as a Legal Assistant at Delta Ltd Port Harcourt, where he carried out the one-year mandatory service to the nation (NYSC) from 1985-1986. He had a stint at Sena Chambers in Gboko, Benue State, where he was a Private Legal Counsel in 1986, before settling for a career with the Benue State Judiciary the same year as an inspector of Area Courts. From 1988-1996, Hon. Justice Tsoho rose from the position of Magistrate Grade II to become the Chief Magistrate Grade I. He served as Director of Litigation from May 1996- October of the same year. He was appointed the Substantive Chief Registrar, High Court of Benue State, October 1997, a position which he held in Acting capacity before this time.
Hon Justice John Terhemba Tsoho was sworn in as a Judge of the Federal High Court of Nigeria on 12th November 1998, where he served illustriously, until his elevation to the position of Chief Judge, Federal High Court, on 13th December 2019.
Justice Tsoho has attended a series of workshops on Law, Judiciary, and Administration, both local and international. He has also served on several Tribunals and Committees, some of which he chaired, and held many elevated positions in notable professional bodies around the globe.
The NBA president
The Nigerian Bar Association (NBA) is a non-profit, umbrella professional association of lawyers admitted to the Bar by the Council of Legal Education in Nigeria. It is engaged in the promotion and protection of human rights, the rule of law, and good governance in Nigeria.
Specifically, it is engaged the in the maintenance and defense of the integrity and independence of the Bar and the Judiciary.
Promotion of timely and affordable access to justice; promotion and supportof law reform initiatives; promotion and protection of the principles of the Rule of Law and respect for Human Rights
Promote and advance quality and functional Legal Education, Continuing Legal Education, Advocacy, and Progressive Jurisprudence.
Maintenance of the highest standards of professional conduct, etiquette, and discipline among lawyers.
Promoting networking opportunities among the members of the Association, International Organisations, as well as associations from other countries.
Promote the welfare, security, economic, and professional advancement of Legal Practitioners in Nigeria.
Create and maintain an Endowment fund for the proper observance and discharge of any of these aims.
The President of the NBA, Yakubu Chonoko Maikyau, SAN was born on February 6, 1965.Y. C. Maikyau is from Kebbibstate, North West, Nigeria.
Maikyau, SAN is the 31st president of the Nigerian Bar Association (NBA). He polled 22,342 votes out of 34,564 votes cast (excluding abstentions) to defeat Joe-Kyari Gadzama, SAN, and Jonathan Taidi.
Y.C. is a lawyer with over 32 years of experience in dispute resolution, especially litigation and arbitration.
He obtained his Bachelor of Laws degree in 1989 from the prestigious Ahmadu Bello University, Zaria. He was then called to the Nigerian Bar in 1990.
He began his legal career with the law firm of Messrs. Danladi Bamaiyi & Co. in Sokoto where he practiced as a dispute resolution lawyer.
He founded his law firm, Y.C. Maikyau & Co., in 2003, with offices in Abuja, Sokoto and Kebbi states.
He was conferred with the prestigious rank of Senior Advocate of Nigeria on August 26, 2011.
He is a Fellow of the Institute of Chartered Arbitrators, London, United Kingdom (FCIArb), and a Fellow of the Institute of Chartered Mediators and Conciliators (FICMC).
Maikyau was a counsel in the Human Rights Investigation Commission of Nigeria – the Oputa Panel, set up by President Olusegun Obasanjo in 1999 as the country returned to democratic rule. The Commission was set up to investigate human rights violations during the military regime.
As part of his mandate for ‘Building a Dynamic Bar’, he plans to ensure inclusivity at the Bar by promoting the interests of the various sectors and fora of the NBA.
He also has as part of his manifesto, the implementation of a standard minimum remuneration of one hundred thousand Naira for young lawyers in Nigeria.