JUDICIARY
Court orders Adamawa House of Assembly Service Commission to pay ex-commissioner N39m entitlements
The National Industrial Court, on Monday ordered the Adamawa House of Assembly Service Commission (ASHASC), to pay its a former commissioner, Ngyamanu Shadrack his entitlements of about N39 million.
Justice Sanusi Kado who delivered the judgment via virtual court sitting also ordered that failure of the defendants to comply with the judgment will attract 10 percent on the judgment sum.
Shadrack, the claimant who was appointed as Commissioner III to the Commission on April 9, 2019 by the governor was supposed to be a five year tenure.
He however, sought redress in court when his appointment was terminated and anchored his prayers on two sets of declarations and reliefs, which were the main and alternative reliefs.
Among the prayers was a declaration that his suspension and termination of his appointment was not validly done and therefore unlawful, illegal, null and void.
The defence on its part had argued that the claimant’s appointment was hastily and desperately made two months before the expiration of the tenure of the former Adamawa State governor without following due process.
The defence counsel, I. Mohammed and T.J Ojo had therefore formulated five issues for determinations as to whether or not the claimant was entitled to his claims amongst others.
The defence further refuted the claims of Shadrack and sought for counterclaim on ground that the appointment was not validly made.
In its argument the defence averred that the claimant’s appointment was not valid as it was in contradiction with the provision of Section 6 of the ASHASC Law 2002.
Defence in addition cited that the provision of Section 14 of the constitution of Nigeria as amended was equally abused in the appointment of the claimant, as due process of selection and screening of the claimant was not done before his appointment.
According to the defence, the claimant assumed duty before acceptance of offer and taking oath of office on May 15, 2019
The judge however in the judgment said the claimant’s appointment was validly done in compliance with the provision of Section 4 of the ASHASC Law, 2002.
Kado also said the failure of the defence to show how the appointment of the claimant was against the provision of the constitution as cited by defence made the termination illegal, null, void and of no effect.
He also said the defendants action of terminating the appointment of the claimant while there was a pending suit before the court amounted to abuse of court’s process.
In addition, Kado said the defendants argument that the claimant was not entitled to any payment because he did not perform any function of the office but having admitted to have have suspended and terminated the appointment cannot claim that he did not perform any job function.
The judge further denied the counter claim of the defence as he said that the defence counter claim could have only succeeded if it had discharged the onus of burden placed on it and ought to had proved its counter claim on the strength of its case and not on the witness of the claimant’s.
The claimant’s case also succeeded in parts as his claim for solicitor’s fees were denied as the court said that there was no evidence before to prove that such amount was accrued to enable the court to grant the relief.
Joined as co-defendant in the suit were the governor, Adamawa State, the Attorney-General of Adamawa and the Adamawa State House of Assembly Service Commission
From Hassan Taiye
The Nigerian Bar Association (NBA) President, Afam Osigwe, SAN, has been praised for his visionary leadership and transformative impact on the legal profession. Since assuming office, Osigwe has demonstrated a steadfast commitment to justice, human rights, and the rule of law.
According to Barrister Hamza N Dantani, Osigwe’s leadership has been marked by bold initiatives, fearless advocacy, and groundbreaking reforms. He has restored the NBA’s traditional role of holding leaders accountable and promoting the rule of law, challenging unconstitutional actions and human rights abuses.
One of the notable achievements of Osigwe’s presidency according to Hamza, is the repositioning of the Institute of Continuing Legal Education (ICLE). The introduction of a mandatory Continuing Professional Development (CPD) regime has elevated professional competence and aligned the Nigerian Bar with international standards.
“Osigwe has also been instrumental in promoting human rights and public interest litigation. He has spearheaded campaigns against arbitrary arrests, electoral malpractice, and anti-democratic legislation, and established regional litigation committees nationwide”
“The NBA President’s commitment to technology and innovation has also been noteworthy. The launch of the Digital Annual Practice License and the digitization of the Letter of Good Standing have marked a new era in transparency and efficiency within the profession”
He further stated that ” Osigwe’s administration has prioritized the growth and success of young lawyers. The Nigerian Bar Association–Young Lawyers Forum (NBA-YLF) has introduced tailored mentorship, support programs, and funding initiatives to address the challenges faced by young lawyers”
“The 2025 NBA Annual General Conference, organized under Osigwe’s leadership, was hailed as one of the most successful in the history of the Association. The conference equipped lawyers with practical strategies to navigate contemporary legal and societal challenges.”
“Engine’s leadership style has been described as inclusive, humble, and genuinely committed to serving the legal profession. His detribalized approach has earned him respect across regions, political divides, and professional ranks.”
He expressed optimising that ” As Osigwe continues to lead the NBA, his legacy is expected to leave a lasting impact on Nigeria’s legal landscape. His commitment to justice, human rights, and the rule of law has restored the NBA’s image as the nation’s conscience”.
Professor Chidi Odinkalu, a legal scholar and judicial reform advocate, has praised the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, for her decisive action in addressing misconduct within the judiciary.
The National Judicial Council (NJC) recently sanctioned five judicial officers for professional breaches, including age falsification and other misconducts. The decisions were made during the NJC’s 107th meeting held on November 13 and 14, 2024.
Judges Sanctioned for Misconduct
Among those sanctioned were:
- Justice Chukwuemeka Chikeka, Chief Judge of Imo State, who was recommended for compulsory retirement effective October 27, 2021. Justice Chikeka was found to have falsified his date of birth, with inconsistencies noted between 1956 and 1958. He was also directed to refund salaries and allowances received after his official retirement date.
- Hon. Kadi Babagana Mahdi, Grand Kadi of Yobe State, was also recommended for compulsory retirement after discrepancies in his date of birth were discovered. Records showed three different birth dates, while his actual year of birth was determined to be 1952. The NJC found that he should have retired 12 years ago and ordered him to refund salaries and allowances received during this period.
- Justice G.C. Aguma of Rivers State High Court and Justice A.O. Nwabunike of Anambra State High Court were suspended from duties for one year.
Odinkalu’s Commendation
Reacting to the NJC’s decision, Professor Odinkalu commended the Chief Justice of Nigeria for her swift and decisive response.
“Madam CJN, Kudirat Kekere-Ekun, has acted swiftly on this matter of age falsification by the Chief Judge of Imo State. She has done the right thing the right way,” Odinkalu stated.
He expressed hope that this move would signal a new era of improved judicial standards under Kekere-Ekun’s leadership of the NJC.
NJC’s Commitment to Judicial Integrity
The NJC emphasized its zero-tolerance for misconduct, reiterating its commitment to upholding integrity within the judiciary. The council urged judicial officers to adhere strictly to professional and ethical standards.
The actions taken are seen as a bold step toward restoring public confidence in Nigeria’s judicial system.
Rivers State Governor, Siminalayi Fubara, has called on judges and lawyers to avoid delivering conflicting rulings, which he says undermine justice and governance. His warning follows conflicting judgments that nearly disrupted the local government election in the state.
Speaking at the 2024/2025 Legal Year ceremony in Port Harcourt, Fubara criticized legal professionals who compromise their integrity for personal gain. He emphasized the sacred role of the judiciary in upholding justice and urged judges to remain steadfast in truth.
“You are the god that we are seeing. Your position is to stand and defend us,” Fubara stated, adding that those who compromise justice would face severe consequences, both legally and morally.
Fubara praised the Rivers State judiciary, particularly the High Court, for their support in maintaining stability despite external pressures. He acknowledged threats and assaults faced by judicial officers but encouraged them to remain resolute in their pursuit of justice.
In his sermon, Bishop Rt Rev Wisdom Budu Ihunwo echoed the governor’s concerns, highlighting the negative impact of conflicting judgments on Nigeria’s unity and governance. The bishop warned that those responsible for such actions would eventually face divine punishment.
Governor Fubara concluded by emphasizing the need for strong institutions to safeguard democracy and ensure societal prosperity.
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