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Nigerians Have Lost Confidence in Judiciary, Says Muiz Banire

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By Eric Elezuo

A former Commissioner for Special Duties,  Transport, and Environment at various periods in Lagos State, Dr. Muiz Banire, has come hard on the nation’s judiciary, saying that the supposed last hope of the common man has turned to lost hope of the common man in Nigeria.

Dr. Banire his remarks while speaking on Sunday during his weekly leadership discourse on the micro-blogging platform, X (formerly Twitter).

The former Chairman of the Governing Board of the Asset Management Corporation of Nigeria (AMCON), ho himself is a lawyer, noted that judiciary pronouncements nowadays, are not only sounding amazing, but also amusing, stressing that the third arm of government are no longer on the side of the justice, using recent feelers from the election tribunal judgments as case study.

Banire, a member of the ruling All Progressives Congress (APC), observed that “Election petition cases are not only polluting our jurisprudence but contaminating our judicial officers,” and also frowned at the fact that the same “election petition cases have succeeded in further deepening the loss of confidence the people have in the judiciary.”

The accomplished lawyer noted that if he had his way, judges will no longer be used in determining the course of electoral justice, and a new way fashioned to address electoral conflicts.

Below is full text of Banire’s remarks:

Distinguished readers, you are welcome to our weekly leadership discourse. We are in the season of election petition appeals and a lot is going on. #LeadershipTalkDaily

Daily we read about one judgment or the other that sounds not only amazing but at times amusing. Judiciary, as reputed, is the last hope of the common man but as Chidi Odinkalu recently put it, it is gradually becoming the lost hope of the common man.

Ranging from the inability to exit the court upon entry, to injustice, compromise, incompetence, the situation is becoming hopeless.

I have, in the last two decades, engaged myself in the advocacy for the independence of the judiciary and the improvement of the welfare of the judges, simply because of my desire and love for the enthronement of justice. Events unfolding are however becoming frustrating.

Election petition cases have succeeded in further deepening the loss of confidence the people have in the judiciary. If I have my way, I will insist that judges no more get involved in election disputes. We need to fashion a new way of addressing electoral conflicts.

Election petition cases are not only polluting our jurisprudence but contaminating our judicial officers.

Except we want to continue pretending, the impression in the public and the perception of the society on the judiciary is substantially negative, simply because the few of them will not do the proper thing.

There is an exercise going that I stumbled on, the analysis and evaluation of the Court of Appeal decisions on the judgment of tribunals, and the revelation coming out in cases of likes for likes is mind boggling.

As a legal practitioner, the contradictions are huge and appalling, to the extent that no innocent mind can give a pass mark to the court.

If the courts must continue to dabble into electoral disputes, I believe at the appellate level, particularly the Court of Appeal, there is need for consensus on the applicable principles of law.

The haphazard decisions we are witnessing currently are worrisome. It suggests lack of uniform approach to the administration of justice, coupled with the engendering non-predictability of the law.

I am worried and depressed. With respect, I see some warped and irrational decisions in some cases and I truly cried for justice. It seems, to a large extent, that because the court is the final court, no meticulous and detailed attention is being paid to justice.

As a lawyer with conscience, I feel bereaved by the outcomes we are seeing. I and the society seem helpless. We are at the verge of taking our concerns to God, the ultimate judge.

I believe the time is overripe for all stakeholders in the justice system to rise and fundamentally and radically do something about what is going on.

We really need to intervene before the dawn, which is the potential uprising that could consume us all. This is the daunting reality we are facing if we continue to be indifferent.

All leaders of the society must heed the call of John Stuart Mill to speak up otherwise our decaying society will soon collapse. My simple admonition.

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Appeal Court Affirms Ruling Barring VIO from Impounding Vehicles, Fining Motorists

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The Court of Appeal in Abuja on Thursday upheld the judgment that stopped the Directorate of Road Traffic Services and Vehicle Inspection Officers (VIO) from seizing vehicles or imposing fines on motorists.

In a unanimous decision by a three-member panel, the appellate court found no basis to set aside the Federal High Court’s ruling of October 16, 2024, which restrained the VIO from harassing motorists.

The appeal filed by the VIO was dismissed for lacking merit. Justice Oyejoju Oyewumi delivered in the lead judgment.

The high court had earlier ruled, in a judgment by Justice Nkeonye Maha, that no law authorizes the VIO to stop motorists, impound vehicles, or impose penalties for alleged traffic offences.

The case arose from a fundamental rights suit (FHC/ABJ/CS/1695/2023) filed by lawyer Abubakar Marshal.

Marshal informed the court that VIO officials stopped him at Jabi in Abuja on December 12, 2023, and seized his vehicle without lawful reason. He asked the court to determine whether their actions violated his rights.

Justice Maha agreed and ordered the VIO and its agents not to impound vehicles or impose fines on motorists, describing the actions as unlawful. She held that only a court can impose fines or sanctions.

She ruled that the VIO’s conduct breached the applicant’s constitutional right to property under Section 42 of the 1999 Constitution and Article 14 of the African Charter. She further held that the VIO has no legal authority to seize vehicles or penalize motorists, as doing so infringes on rights to fair hearing, movement and presumption of innocence.

Although Marshal, represented by Femi Falana, SAN, requested ₦500 million in damages and a public apology, the court awarded ₦2.5 million.

The Directorate of Road Traffic Services, its Director, its Abuja Area Commander at the time (identified as Mr. Leo), team leader Solomon Onoja, and the FCT Minister were listed as respondents.

They appealed the decision, but the Court of Appeal dismissed the appeal.

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Tinubu Nominates Ibas, Dambazau, Enang, Ohakim As Ambassadors

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President Bola Tinubu has nominated Ibok-Ete Ekwe Ibas, the immediate past sole administrator of Rivers State and a former Chief of Naval Staff, as a non-career ambassador.

Tinubu also nominated Ita Enang, a former senator; Chioma Ohakim, former First Lady of Imo State; and Abdulrahman Dambazau, former Minister of Interior and ex-Chief of Army Staff, as non-career ambassadors.

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Senate Confirms Chris Musa As New Defence Minister

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The Nigerian Senate has confirmed General Christopher Musa, the former Chief of Defence Staff, as the country’s new Minister of Defence.

The announcement was contained in a statement by Bayo Onanuga, Special Adviser on Information and Strategy to President Bola Tinubu.

Musa, who retired from the military just 40 days ago, was nominated by President Tinubu on Tuesday to succeed former Defence Minister Mohammed Badaru Abubakar, who stepped down on health grounds.

According to Onanuga’s statement, the Senate approved Musa’s appointment on Wednesday through a voice vote, following a thorough screening session during which lawmakers posed numerous questions.

“Senate confirms Gen. Christopher Musa as Minister of Defence The Senate has confirmed the former Chief of Defence Staff, Gen. Christopher Musa, as the Minister of Defence. The Senate confirmed Musa on Wednesday via a voice vote after a rigorous screening session in which lawmakers asked him many questions,” the statement read in part.

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