Saturday, April 30, 2016

USA Africa Dialogue Series - STAR EDITORIALS: Errant Nigerian Judges, Necessary Sanctions {Re: STAR INFORMATION: Revealed - How Rickey Tarfa bribed Appeal Court judge, High Court CJ, Others


My People:

The Bible reserves the worst curses on judges who conspire to undermine justice:

QUOTE

The Corrupt Judge of the Bible

When the sentence for a crime is not quickly carried out, the hearts of the people are filled with schemes to do wrong. Ecclesiastes 8:11

The United States of America has 5% of the world's population and
67% of the world's lawyers.

Select capable men from all the people--men who fear God, trustworthy men who hate dishonest gain--and appoint them as officials over thousands, hundreds, fifties and tens. Have them serve as judges for the people at all times, but have them bring every difficult case to you; the simple cases they can decide themselves. That will make your load lighter, because they will share it with you. Exodus 18:21-22

Do not pervert justice; do not show partiality to the poor or favoritism to the great, but judge your neighbor fairly. Leviticus 19:15

I charged your judges at that time: Hear the disputes between your brothers and judge fairly, whether the case is between brother Israelites or between one of them and an alien. Do not show partiality in judging; hear both small and great alike. Do not be afraid of any man, for judgment belongs to God. Bring me any case too hard for you, and I will hear it. Deuteronomy 1:16-17

Appoint judges and officials for each of your tribes in every town the Lord your God is giving you, and they shall judge the people fairly. Do not pervert justice or show partiality. Do not accept a bribe, for a bribe blinds the eyes of the wise and twists the words of the righteous. Follow justice and justice alone, so that you may live and possess the land the Lord your God is giving you. Deuteronomy 16:18-20

Consider carefully what you do, because you are not judging for man, but for the Lord, who is with you whenever you give a verdict. Now let the fear of the Lord be upon you. Judge carefully, for with the Lord our God there is no injustice or partiality or bribery. 2 Chronicles 19:6-7

Do you rulers indeed speak justly? Do you judge uprightly among men? No, in your heart you devise injustice, and your hands mete out violence on the earth. Even from birth the wicked go astray; from the womb they are wayward and speak lies. Psalm 58:1-3

Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy. Proverbs 31:8-9

Your hands are full of blood; wash and make yourselves clean. Take your evil deeds out of my sight! Stop doing wrong, learn to do right! Seek justice, encourage the oppressed. Defend the cause of the fatherless, plead the case of the widow. Isaiah 1:15-17

Your rulers are rebels, companions of thieves; they all love bribes and chase after gifts. They do not defend the cause of the fatherless; the widow's case does not come before them. Isaiah 1:23

Among my people are wicked men who lie in wait like men who snare birds and like those who set traps to catch men. Like cages full of birds, their houses are full of deceit; they have become rich and powerful and have grown fat and sleek. Their evil deeds have no limit; they do not plead the case of the fatherless to win it, they do not defend the rights of the poor. Jeremiah 5:26-28

The leaders judge for a bribe, priests teach for a price, and prophets tell fortunes for money. Yet they lean upon the Lord and say, "Is not the Lord among us? No disaster will come upon us." Micah 3:11

Both hands are skilled in doing evil; the ruler demands gifts, the judge accepts bribes, the powerful dictate what they desire--they all conspire together. The best of them is like a brier, the most upright worse than a thorn hedge. Micah 7:3-4

Woe to the city of oppressors, rebellious and defiled! She obeys no one, she accepts no correction. She does not trust in the Lord, she does not draw near to her God. Her officials are roaring lions, her rulers are evening wolves, who leave nothing for the morning . . . the unrighteous know no shame. Zephaniah 3:1-5

In the same way you judge others, you will be judged, and with the measure you use, it will be measured to you. Matthew 7:2

You, therefore, have no excuse, you who pass judgment on someone else, for at whatever point you judge the other, you are condemning yourself, because you who pass judgment do the same things.Romans 2:1

If a king judges the poor with fairness, his throne will always be secure. Proverbs 29:14

Consider carefully what you do, because you are not judging for man but for the Lord, who is with you whenever you give a verdict. Now let the fear of the Lord be upon you. Judge carefully, for with the Lord our God there is no injustice or partiality or bribery. 2 Chronicles 19:6-7

__________________
Biblical quotations are from the New International Version,


UNQUOTE


The above should be sewn into the clothes of our Nigerian judges.

And there you have it.


Bolaji Aluko



EDITORIALS:

1.  Sanctions for corrupt Judges - Guardian
2.  Errant Judges - It is Not enough to retire: let's prosecute them  - The Nation



GUARDIAN

Sanctions for corrupt judges

By Editorial Board   |   29 April 2016   |   3:16 am

The recent sanction carried out by the National Judicial Council (NJC) on Justice Idris Evuti and Justice Tanko Usman of the Niger State High Court for allegedly falsifying their dates of birth, and on Justice O. Gbajabiamila of the Lagos State High Court for delaying delivery of judgment for about two years, is a courageous and commendable action. Coming on the heels of the Federal Government's anti-corruption drive, and especially on the sanitisation of the judiciary, the NJC has candidly matched action with the forceful declaration made by the Attorney-General of the Federation to deal with unscrupulous elements on the Bench.

With this level of commitment to ridding the judiciary of odium and impropriety, the confidence the people once had in the citadel of justice would be re-built.

Based on petitions filed to the NJC by Mohammed Idris Eggun against Justices Evuti and Usman of the Niger State High Court over falsification of their dates of birth, the fact-finding committee set up by the NJC found that Justice Evuti used three different dates of birth in service (September 15, 1950, April 10, 1953, April 1, 1951), while Justice Usman was still in service when he should have retired. As for Justice Gbajabiamila, a petition filed by Mr. C. A. Candide-Johnson (SAN) alleged that, among other misconducts, the former delivered judgment in a suit 22 months after written addresses were adopted by counsel, and 35 months after close of evidence, and did not publish a copy of the judgment he delivered on December 24, 2013 until 40 days after. All these allegations are contrary to the 1999 Constitution and rules of the Revised Code of Conduct for Judicial Officers.

As a penalty for these cases of misconduct, some of which border on criminality, the NJC committee recommended the compulsory retirement of Evuti with immediate effect as well as the deduction from his gratuity all salaries received by him from September 2015 to date. With respect to Usman, it only recommended the deduction from his gratuity all salaries received by him from June 2015, since it already accepted his retirement with effect from March 1, 2016, whilst it recommended the compulsory retirement of Gbajabiamila.

By their misconduct in service, these judges put themselves in positions and circumstances that compromised their professional integrity and expected personal moral character. Age falsification has been known to be an affliction of civil servants and public officers. Apart from presenting an inauthentic state of affairs that is injurious to history, the altered ages of the judges robbed the state of its resources and funds. By reducing their dates of birth, the judges stole from the state, and denied others the benefits that would have come to them.

On the other hand, Gbajabiamila's action is representative of the wanton miscarriage of justice by unscrupulous judicial officers, who in recent times, have tarnished the image of the noble profession. That Justice Gbajabiamila would delay delivery of judgment for 35 months after close of evidence is an indication of how deep the dereliction of duty is being accommodated by some judges. It brings out in bold relief the many unspoken incidents of injustice, poor management and utter disregard for constitutional provisions by those who ought to be its most faithful custodians.

Whilst it could be argued in certain quarters that, as public officers, judges are susceptible to the same moral currents pervading the general public order, their position represents the significant minority that should of necessity be the moral compass of the society. Notwithstanding the misunderstood idea of impartiality that separates law from morals, judges are custodians of public morality which the law seeks to uphold. The dispensation of justice which forms a cardinal function of the judge would be virtually impossible if the judge possesses no moral sense. The concept of a good dispenser of justice that is said to be an immoral and an unethical person is a contradiction in terms. A judge or jurist cannot be a good administrator of the law if he is not a morally conscious individual. He is a moral light for the society.

The bold action of the NJC to restore the integrity of the judiciary is commendable. As more and more questionable elements are sanctioned, the insidious moral decadence that has crept into the judiciary would begin to gradually fall until it finally disappears.

These isolated cases may suggest that the NJC is assuring Nigerians of its resolve to act decisively on cases of judicial abuse. However, as it carries out its respectable role as the highest judicial body in the country, the NJC must not fall into the temptation of politicising its actions. It should diligently and promptly act on reports that should come not only from senior and influential lawyers but also from ordinary citizens, through the Nigerian Bar Association (NBA) and other groups representing the citizens. As this newspaper has always admonished, it is not enough to sanction the judges, the logical end of the misconduct, which is appropriate legal action, should be followed through. Erring judges should be prosecuted and be made to serve the required terms of conviction if found guilty.


THE NATION


Errant judges 

•It's not enough to retire. Let's prosecute them

The National Judicial Council (NJC) has recommended the compulsory retirement of Justices O. Gbajabiamila of the High Court of Lagos State and Idris M. J. Evuti of the High Court of Niger State, over professional misconduct. The commission also recommended that both Justices Tanko Yusuf Usman of High Court of Niger State, whose retirement had earlier been accepted, and Justice Evuti, should refund monies paid to them, for the months they gained by tampering with their birth records. We hope that the judges would also be tried, if by their conduct they breached any law of the land, apart from the usual punishment of compulsory retirement by the NJC.

Not long ago, we had canvassed that judges who soil their esteemed reputation should, in addition to retirement be prosecuted under the law, as a deterrent to abuses from the bench. Our position is premised on the grave consequences of a judge, who literally exercises the power of life and death, engaging in a misdemeanour. Such a procedure we canvassed would deter judges who are the hallowed guardians of our democracy and the proverbial common man, from bringing that institution to disrepute.

For the present cases, we urge the NJC to critically examine the issues raised against the judges and determine those that require further investigations by prosecuting agencies, and forward their files to them. The cases against the judges, as stated by the acting director of information, the NJC, Soji Oye, are as varied as they are intriguing.

Justice Gbajabiamila, according to Mr. Oye, was retired over his handling of suit no. ID/1279/2007, P. K.Ojo vs SDV & SCOA Nigeria Plc., for which he reportedly delivered judgment 22 months after written addresses were filed, well beyond the 90 days prescribed by the 1999 constitution.

The judge was also alleged to have continued to hear the suit after being notified of the pendency of an appeal and a motion for stay, at the court of appeal. He also failed to make available a copy of the judgment, 40 days after the judgment, many weeks above the seven days provided for by the constitution. On his part, Justice Evuti allegedly used three different birthdays over the years. He was reported to have alternatively professed his birth days as September 15, 1950, April 10, 1953 and April 1, 1951. The NJC consequently recommended that salaries earned from September 2015, when he should have retired be recovered and sent back to NJC, which paid the salaries.

The other judge, Justice Usman, affected by the investigation done by the NJC, under the chairmanship of the Chief Justice of Nigeria, Justice Mahmud Mohammed, sent in his retirement papers, which were accepted, before the commission met. He was accused of falsifying his age, and the commission consequently requested the Niger State government to deduct the salaries paid to him from June 2015, when he should have retired from the Bench. The report also said that the petition written against Justice Saliu Saidu of the Federal High Court, Lagos, was unsubstantiated.

Even with or without further intervention by prosecutor agencies, it is sad that judges would be engaged in some of the misdemeanours listed against the compulsorily retired judges. What would make a judge flagrantly break the laws of the land, by treating a matter before him with laxity? Also why would a judge invested with an office that requires high moral rectitude, engage in shuffling his year of birth, over and over?

We urge our judges to always be above board, to gift Nigerians the all-important trust and confidence in that vital artery of any modern state.

________________________________________________________________________________________



On Fri, Apr 29, 2016 at 3:25 AM, Mobolaji Aluko <alukome@gmail.com> wrote:


My People:

Why were these judges being bribed by our "smart" SAN lawyers?  Election petitions, corruption cases, etcheram, ad nauseum.?  

We must follow the money and the ensuing judgments....

Examples MUST be made of these lawyers and judges if and when found guilty...the bench, the bar must be Augean-stable cleansed....

And there you have it.


Bolaji Aluko

___________________________________________________________________









________________________________________________________________________________________________________


How Rickey Tarfa bribed Appeal Court judge, High Court CJ, ors

Details
Written by Tim Elombah
 Published: 26 April 2016

More facts are continuing to emerge over the travails of popular lawyer, Rickey Tarfa [SAN] who is currently undergoing trial for alleged bribery to a judge

The Economic and Financial Crimes Commission (EFCC) are claiming more discoveries whereby Tarfa allegedly bribed more judges.

Involved in the brewing imbroglio are Appeal Court Judge, Chief Judge of the Federal High Court of Nigeria, and two others.

The EFCC claims that these judges received millions of Naira from Rickey Tarfa.

The anti-graft agency also alleges that Tarfa transferred huge sums of money to several other judges, including a female member of the Court of Appeal, Justice Uwani Abba-Aji.

She reportedly received N8 million from Mr. Tarfa.

Justice Abba-Aji was reportedly instrumental in the election petition cases of Delta and Akwa Ibom after the 2015 general elections. 

One of her renowned judgements was the controversial verdict that election card readers were not legitimate ways of determining votes. 

EFCC investigators also found that Mr. Tarfa transferred funds to a bank account belonging to the Chief Judge of Nigeria, Ibrahim Auta. 

EFCC sources also alleged that he deposited N500,000 into the Chief Judge's account. 

Mr. Tarfa is currently facing trial for allegedly paying a bribe of N225, 000 into the bank account of Justice Mohammed Yunusa in January 2014. 

The EFCC also accuses Mr. Tarfa of receiving the sum of $500,000 from one of his clients in 2006 ostensibly to bribe "court and EFCC officials." 

The investigators also claims that Mr. Tarfa and four other Senior Advocates of Nigeria (SANs) "donated" N7 million to launch a book written in honor of Justice Auta, the Chief Judge of the Federal High Court.

According to sources, the EFCC has found an additional transfer of funds made by Mr. Tarfa to Justice Auta. 

In his statement of defense, Mr. Tarfa had claimed that some of the transfers were for the hiring of two retired judges, Mustapha Abdullahi, and Oponu-Wusu. 

However, a lawyer told SaharaReporters that Nigeria's legal practice rules prohibit retired judges working in law chambers.

Justice Yunusa, the first to be named in Mr. Tarfa's bribery saga, has been transferred from the Federal High Court in Lagos to Enugu after he rejected his transfer to Yobe State. 

Justice Hyeladzira Nganjiwa, who is also allegedly ensnared in the bribery scandal, serves in the Federal High Court in Yenagoa, Bayelsa State. 

Embattled Mr. Tarfa claimed that he paid money to Justice Nganjiwa because the judge was part of Mr. Tarfa's law firm before he was appointed the bench in 2012. 

However, the lawyer's defense crumbled when EFCC investigators discovered that part of the N5 million the lawyer had paid into Justice Nganjiwa's account was later routed to Justice Yunusa.

Legal practitioners, meanwhile, are expressing outrage that the judges named in Tarfa's bribery web continue to preside over cases.

That, despite the commencement of the trial of Mr. Tarfa and another lawyer at the center of the bribery.



___________________________________________________________________________________________________________

SAHARA REPORTS

BY SAHARAREPORTERS, NEW YORKAPR 25, 2016



Appeal Court Judge, Chief Judge Of The Federal High Court Of Nigeria, Two Other Judges Received Millions From Rickey Tarfa


Agents of the Economic and Financial Crimes Commission (EFCC) have discovered more damning evidence that a well-known lawyer, Rickey Tarfa, currently undergoing trial for alleged bribery to a judge, transferred huge sums of money to several other judges, including a female member of the Court of Appeal, Justice Uwani Abba-Aji, who reportedly received N8 million from Mr. Tarfa. Justice Abba-Aji played a key role in election petition cases in the hotly contested states of Delta and Akwa Ibom after the 2015 general elections.

Justice Abba-Aji was one of the appellate justices who gave the controversial verdict that election card readers were not legitimate ways of determining votes. Some judicial watchers believe the ruling gave a leeway to election riggers in both states.

In 2009 and 2010, SaharaReporters reported that Justice Abba-Aji was one of the justices who accepted millions of naira in inducement to uphold the validity of the election of the late President Umaru Yar'Adua. Mr. Yar'Adua himself conceded that the election had significant irregularities. 

EFCC investigators also found that Mr. Tarfa transferred funds to a bank account belonging to the Chief Judge of Nigeria, Ibrahim Auta. A source at the anti-corruption agency disclosed that Mr. Tarfa made a one-time deposit of N500, 000 into the Chief Judge's account. "He is yet to explain why he paid the money to the Chief Judge," the source told our correspondent. 

Mr. Tarfa is currently facing trial for allegedly paying a bribe of N225, 000 into the bank account of Justice Mohammed Yunusa in January 2014. The EFCC also accuses Mr. Tarfa of receiving the sum of $500,000 from one of his clients in 2006 ostensibly to bribe "court and EFCC officials." 

Investigators have also alleged that Mr. Tarfa and four other Senior Advocates of Nigeria (SANs) "donated" N7 million to launch a book written in honor of Justice Auta, the Chief Judge of the Federal High Court. According to our source, the EFCC has found an additional transfer of funds made by Mr. Tarfa to Justice Auta. 

In his statement of defense, Mr. Tarfa had claimed that some of the transfers were for the hiring of two retired judges, Mustapha Abdullahi, and Oponu-Wusu. However, a lawyer told SaharaReporters that Nigeria's legal practice rules prohibit retired judges working in law chambers.

Justice Yunusa, the first to be named in Mr. Tarfa's bribery saga, has been transferred from the Federal High Court in Lagos to Enugu after he rejected his transfer to Yobe State. Justice Hyeladzira Nganjiwa, who is also allegedly ensnared in the bribery scandal, serves in the Federal High Court in Yenagoa, Bayelsa State. 

The embattled Mr. Tarfa claimed that he paid money to Justice Nganjiwa because the judge was part of Mr. Tarfa's law firm before he was appointed the bench in 2012. However, the lawyer's defense crumbled when EFCC investigators discovered that part of the N5 million the lawyer had paid into Justice Nganjiwa's account was later routed to Justice Yunusa.

Some legal practitioners are enraged that the judges named in Mr. Tarfa's widening bribery scandal continue to preside over cases despite the commencement of the trial of Mr. Tarfa and another lawyer at the center of the bribery. "They should at least be suspended until the investigations and trials are concluded," said an Abuja-based lawyer. 

The lawyer added that it was odd that Mr. Tarfa continues to sit as a member of the Legal Practitioners Privileges Committee. The body is responsible for awarding the title of Senior Advocates of Nigeria to legal practitioners. The lawyer recalled that a lawyer, Kunle Kalejaiye, who was caught illicitly communicating with a judge in Osun State, was disrobed, adding that Justice Thomas Naron, who was involved, was removed.

"It is truly sad that the Chief Justice of Nigeria, Mahmud Mohammed, has not acted expeditiously to suspend the judges accused of involvement in the bribery perpetrated by Rickey Tarfa and Joseph Nwobike, both of them Senior Advocates of Nigeria," said the lawyer.

_______________________________________________________________________



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