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JUDICIARY

M.T. African Pride: Olanipekun ascribes Admiral Agbiti’s triumph to strong judicial system

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By Lateef Taiwo

Twenty years after his ordeal in the hands of the Nigerian Navy, friends, family and eminent Nigerians, yesterday, gathered to celebrate former Chief of Training and Operations at the Navy headquarters, Rear Admiral Francis Agbiti (Rtd.), in Abuja.

The event was not only the unveiling of a book titled, AGBITI: Admiral, Patriot and Gentleman, written by Fabian Owoicho; but was also an opportunity to reminisce on the travails of the retired Naval Officer while in service, as many poured out encomiums on his innocence and patriotic service to the country.

Retired Rear Admiral Agbiti, a native of Adoka in Benue State, was in 2004 implicated in the missing popular vessel, known as M.T. African Pride, while he was the Chief of operations and Training Naval Command, leading to his summary court martial and his eventual victory at the Supreme Court.

Speaking at the event, foremost Constitutional Lawyer, Chief Wole Olanipekun (SAN), said it took the grace of God and the strong judicial system in Nigeria at the time, for the retired Naval Officer to get justice at the Supreme Court.

“We are here today to celebrate the triumph of good over evil. They call it MT African Pride, that’s the name of the vessel. But the trial was African shame. It was a shame to even what we call the trials in the military, before the military tribunal. We saw it. We witnessed this, witnessed everything with our naked eyes.

“Inhumanity of man to man, injustice melted by fellow officers, to their superior or subordinates officers to their superior, and also his own colleagues, his peers within the military. They just wanted him out.

“The essence of this gathering today is also to plead with us in Nigeria or as Nigerians and also powers. That power is transient. They used power against this gentleman. I was there, I saw it all. The government of the day used power against him. They wanted to get rid of him by all means and at all cost.

“They were even threatening him, threatening him not to appeal to the Supreme Court, that they would get rid of him.

“But we thank God, for the eminence, for the superiority of justice. Had there been no law, had there been no institution of the judiciary? It would have been worse than animals. You have read that book, the animal farm would have been worse than what happened in the animal farm.

“But thank God for the institution of the judiciary. Thank God for the men, for the characters that empanelled the Supreme Court, or the men that constituted that panel of the Supreme Court that adjudicated on his matter. It didn’t take them minutes. They were asking even the prosecuting counsel, will you oppose this appeal? They were referring him to pages of the records. Are you sure even the panel was properly constituted? Are you sure this evidence should have come in? Are you convinced even about the arraignment? Are you convinced about the way and manner they stood on the constitution of Nigeria even under the military enactments?

“And at the end of the day, Supreme Court came to the unanimous conclusion that everything done to him was a nullity. The Supreme Court didn’t go further to consider even the evidence, which, you know, there was no evidence at all. There was nothing. Everything was concocted.

“But then legally, Supreme Court said and agreed. Constitutionally, the Supreme Court agreed with us. It was a nullity. So it might be you, it might be me”, he said.

Olanipekun tasked Nigerian lawyers to continue to uphold the tenet of selflessness and humanitarian, urging those in power to rule with the fear of God.

He said, “The essence of what I said today is that we lawyers should be more appreciated by the society than what the society thinks about us. Lawyers are very sympathetic, they are very empathetic, they are humans. And also they appreciate the travails of their clients.

“But more often than not, people believe that lawyers are suckers, that they are always looking after money.

“The gentleman, the patriot, the officer mentioned it today that we did not appear for him because of money, but because we believed that he deserved justice.

“Now, the essence of it all is that in this country we should be reflective. We should look back at what we have, where we are coming from, where we are today, what we want our country to become tomorrow.

“I made reference to some lines in the national anthem – Oh God of all creation, grant this one request – that we will be a nation where no man is oppressed; that our flag shall be our symbol, should be a symbol of justice and truth, of honesty.

“Let us live to the wordings, to the content, to the tenor, to the spirit, to the aim, to the ambition, to the aspiration of the wordings of the national anthem.

“And I want to, as a senior citizen of this country, plead with all of us, those in power today, those of us who are there also today, we must not support evil.

“And to those of us in the legal profession, I want to plead that we must at all times be bold enough, particularly in criminal matters, to defend our clients. We should be polite to the courts, we should be humble in our presentation, but we must be firm”.

On his part, Retired Real Admiral Agbiti recounted how he was framed up by his subordinates and peers twenty years ago, during his military career and how Chief Olanipekun came through for him, thanking God for putting his enemies to shame.

He urged the judiciary to make justice available to all that deserves it, devoid of any considerations.

Agbiti said, “My suggestion is that, they should strive to become good, so that justice will be for all without partiality and without consideration of status of individuals. That’s what I would say.

“So justice by itself is very good. If it is not justice, he could not have defended me down to Supreme Court for us to win. And what I need to state here, is that the Justice at the Appeal Court, he told me that I had no ground of appeal, but God of justice, when he ran into trouble, he also sought for appeal, but he was told that he had no ground of appeal.

“So justice is from the throne of God. If you do injustice, God is angry with you. And if you do justice, God will be happy with you and he will bless you. So that is what it is about our justice system.

“I’m from Nigeria Navy. What I will tell you, as Flag Officer Commander, I think, more than anyone else, I arrested more illegal ships involved in crude oil theft and the refund.

“And some other officers, like you heard the testimony of Rear Admiral Apochi. There are very many good officers pursuing the interest of a national wellbeing.

“And corruption, it has to be fought headlong. But I dare say that the current approach will not do us much good because it is being politicized. Those that are involved, they are the rich people. They are the politicians, not the military. The military are there to protect the national interest, to defend the national interest. Not the military, but the rich and the politicians.

“And like I testified over there, it was the son of the power that be, that was involved in that M.T. African Pride. But the innocent had been persecuted. So corruption has to be stemmed from above and let it be sent to the classroom”.

The event was graced by prominent Nigerians, amongst whom are, Chief Olanikpeku (SAN); Chief Stephen Lawani; Gen G.O. Ejiga; Sen. Dino Melaye; Chief D.D Dodo (SAN); R/Adm Adaji; R/Adm Sulaiman Apochi; Sen. Shehu Sani; Chief Audu Ogbeh; Justice Ejembi Eko; Chief Owoicho Igoji and Sen. Uzor Orji Kalu.

Others are, Chief Agbo Madaki; Rt Hon. Micheal Audu; Rt Hon. Dave Iorhemba; Comrade Deji Adeyanji; Adm F. Bobai; Chief Audu Anuga (SAN); Hon Nelson Alapa; Soji Olowolafe (SAN); Reuben Atabo (SAN); Mr. Rawlings Agada, Deputy Clerk Of Senate (Admin); Chief Sylvester Ameh and Gen. Lawrence Onoja; while Senator Gabriel Suswam, AVM Monday Morgan (Rtd.), Sen. Osita Izunaso and Otumba Dele Oye, President of NACCIMA, sent in representatives; amongst others.

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JUDICIARY

Odinkalu Applauds CJN Kekere-Ekun for Sanctioning Errant Judges

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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.


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JUDICIARY

Fubara Warns Judges on Conflicting Judgments

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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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JUDICIARY

You’ve no contract to fix Kwara Hotel, Court tells MM’s Crystal Group

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  • Says govt bears no liability for unsigned agreement

Stephen Olufemi Oni, Ilorin

An Ilorin High Court has struck out a case instituted against the Kwara State Government by the Hon. Moshood Mustapha-owned Crystal Group of Companies Limited over the remodelling of the legacy Kwara Hotel.

Hon. Justice E. B. Mohammed struck out the case after upholding the preliminary objections of the state government on the matter.

The judge said no document was before the court to show that the Crystal Group had any valid contract with the state government to remodel the iconic hotel, shutting down the much-parroted claim that the government had reneged on its commitment with the firm.

The court held that a draft agreement or an unsigned agreement by either of the parties is worthless and cannot cloth Crystal Group of Companies Limited with the legal right to pursue any action against the government regarding Kwara Hotel.

“The claimant’s suit against Kwara State Government on Kwara Hotels is hereby struck out,” the court held, potentially turning the page on the topic.

The government had repeatedly explained that it signed no agreement with the Crystal Group and that whatever talks between them had not reached the level of a legal agreement that is binding on either party.

End

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