Tuesday, December 11, 2007

'Probe Our Chief Judge Now' Lagos Jusun Leaders Tell NJC

On 9th May 2006, men of the Task Force on Environmental and Special Offences stormed the Ikeja High Court headquarters of the Lagos State Judiciary. Of special interest to the ‘invaders’ was the registry of the High Court. Like bees, the task force men, many who came armed, swarmed the registry and forcefully interrupted “proceedings” by overturning tables and arresting cashiers and some other staff of the judiciary there. Some other persons including one or two lawyers who were in the registry to file papers suffered the fate of being arrested and taken off to detention.

The actions of the Task Force men did not go down well with most of the judiciary workers who believed it was a gross harassment and humiliation of their colleagues in their very offices. The workers quickly organised themselves to embark on what they called a peaceful protest against the certainly brutal invasion of their offices but what the judiciary authorities considered an act of insubordination and confrontation.

At the end of the day, five members of staff including the chairperson of the Judiciary Staff Union of Nigeria, Lagos State branch Alhaja F. A Oshodi and the Secretary Mr. Olusegun Omoboye had their appointments terminated. Other affected staff are Mrs. S. M Jagun, Mr. B.A Lawal and Mr. Babatunde Adelenu.

The termination of the appointment of the five workers came as a rude shock to them and their union. Courageously however, the affected staff marched straight to the court of law in suits number ID/1216/06, ID/1217/06, ID/1218/06 /ID/1219/06 and ID/1220/06 to challenge their dismissal.

The hope of the “JUSUN 5” to get a speedy determination of their matters did not materialise. It took more than a year after instituting the actions, to clear the hurdle of pre-trial stage of the cases. For trial, the matter is now before Honourable Justice Oyefeso of the Ikeja High Court.

In a petition dated the 8th October 2007 to the National Judicial Council, four of the affected staff, alleged the Chief Judge, Honourable Justice Adetula Alabi to be the brain behind the slow adjudication of their cases.

According to the petitioners, his Lordship irregularly took special interest in their cases slowing down the pace of their assignment to judges at the pre-trial and trial stages by stagnating files assignment action for more than two months. According to them, the necessary assignments were done only after they fired letters of protest to the Chief Judge. Copies of the said letters were sent as annexures to the petition to the NJC. See Cover Story Exhibits.

In their petition, the petitioners stated their conviction that the Honourable Chief Judge wanted them out of the system because of their persistent demands as leaders of JUSUN that the Lagos Judiciary should surrender her Union dues in its custody to JUSUN, since JUSUN has now become a bona fide Trade Union.
According to the JUSUN leaders, the Chief Judge was unwilling to accede to this request. On this issue, the petitioners claimed inter alia in their petition:

Having registered Judiciary Staff Union of Nigeria {JUSUN} as a Trade Union, we wrote to inform the Chief Registrar and the Chief Judge and copies of the registration documents and the gazette were attached for their information and necessary actions, but nothing was done.
We also made several demands that the Union dues should be paid to the coffers of Judiciary Staff Union of Nigeria, Lagos State branch, the Chief Judge also refused. Annextures “D” and “E” were some of the letters written to demand for union dues this year aside from the demand made during the year 2005 and 2006.

The only reply we had from the Chief Registrar was the letter with reference No 308640/vol. 9/099 dated 20th February, 2007 where we were told to make clarification between Judiciary Staff Association of Nigeria {JUSAN} and Judiciary Staff Union of Nigeria {JUSUN} in which we did. In our response, we wrote that we actually applied for registration with the name “Judiciary Staff Association of Nigeria”, {JUSUN} but the Registrar of Trade Unions approved the name of Judiciary Staff Union of Nigeria {JUSUN} and that all documents remain valid. This was clearly indicated in the registration papers sent to the Chief Judge and since then no response again.

It is important to note that recognition of Trade Unions by an employer is compulsory and automatic by the combined effects of Section 5 {7} and Section 24{1} of Trade Unions Act, 1990 as amended by Decree No. 1 of 1999 and Section 5{3}{a} and {b} of the Labour Act 1990.
This is the reason why he will not allow the terminated officers to be absorbed back into the Lagos State Judiciary Staff.

Another allegation leveled against the Honourable Chief Judge is that he does not want the progress of his workers. According to the petitions, once in power as Chief Judge, Honourable Justice Adetula Alabi stopped Lagos State Judiciary workers from attending courses and programmes at the Lagos State Public Service Staff Development Centre, Magodo like their other colleagues in the Civil Service, thereby preventing Senior Officers like Assistant Chief Registrars in the Judiciary from climbing the ladder of promotion in their employment.

A more serious allegation against the Chief Judge was the accusation of him of the twin evils of nepotism and corruption. According to the petitioners, the Chief Judge has for more than two years now prevented the investigation of one Jimi Alabi alleged to be his “blood brother” over an allegation that the younger Alabi, formerly a bailiff, collected a bribe of N180,000.00 from a judgement debtor at the scene of the execution of a judgement of the High Court, “whereas if it were another person involved, it is instant dismissal.”

The petitioners gave specific instances and details of what they considered corrupt practices against the Chief Judge, who they claimed set up a particular committee, the FUND ALLOCATION COMMITTEE ostensibly to promote transparency and accountability but which had become the very opposite.

Quoting figures to back their contention that the Chief Judge was not clean, the petitioners, “for the avoidance of doubt, implored that the National Judicial Council investigate the veracity of all that we have mentioned in this petition from all the appropriate quarters.”

As at press time, it is not known whether the Honourable Chief Judge had sent in a reply to the petition which some observers described as “simply hot.”

Tuesday, December 4, 2007

THE COSTLY 'COUP' OF THE PHILADELPHIA 9

THE COSTLY ‘COUP’ OF THE PHILADELPHIA 9

A few weeks ago, an International Conference of Female Judges held in Philadelphia, United States of America. Some of the participants came from Nigeria. Expectedly, the Nigerian participants included Judicial Personnel from the Lagos State Judiciary; specifically the magistracy level.

From credible information reaching the Squib, no less than nine female magistrates participated in the conference, although there is news as well that at least one of the participants, Chief Magistrate Ayo Odugbesan did not attend the conference but was in the United States at the very time of the conference to attend necessarily to the concerns of a close relative.

The other attendees were: Chief Magistrate A.O. Femi-Segun, Chief Magistrate I.O. Akinkugbe, Chief Magistrate E.A. Fabanwo, Chief Magistrate O.A. Ogala, Chief Magistrate A.A. Demi-Ajayi, Chief Magistrate M.A. Ladipo, Senior Magistrate O.I. Oguntade, Magistrate M.B. Folami.

Attending workshops and conferences is not a new thing for judges and magistrates of the Lagos State Judiciary. Thus the participation of the Philadelphia 9 (P9) in the Philadelphia Conference ordinarily should not have caused any stir. The story is however different as the attendees, upon return landed in “hot soup” with the authority, to wit: the honourable Chief Judge, Adetula Alabi .J. who the Squib authoritatively learnt was seriously upset with their participation.

According to our senior geckos, the Chief Judge’s anger against the attendees was not really because they participated in the conference, but because they participated sans notice and permission of his lordship.

The ‘flight’ of the ‘Philadelphia 9’ to the U.S conference, to some observers, bore the hall-marks of coup planning. The participants never let their peers know that not only was the conference on, but funding for participation in it was ready and available at the Ministry of the Establishment at the Secretariat, Alausa, for any magistrate willing to attend. So tightly managed was the information that the P9 had gone and returned before their completely bewildered and embittered boss knew.

As far as the Chief Judge was concerned, the participation of the affected magistrates in the conference without his knowledge and consent was an act of unpardonable affront to his office. Consequently, the efforts of some of the P9 members and their sympathizers to appease the infuriated Chief failed woefully.

The Squib learnt that the Honourable Chief Judge, sensed in the incident, a glaring display of contempt for him and his office by the executive arm of the Lagos State Government which financed the trip of the P9 behind his back and so refused to be appeased.

As a first act of reprisal, the Chief Judge on the 13th of November 2007 posted all the members of the P9 to new stations; mostly away from their accustomed responsibilities.

However, the P9 are not without supporters. Some of these supporters contend that the P9 members embraced subterfuge and stealth to make the U.S conference because of their fear that, open and formal application for approval from the Chief Judge had very slim chances of success.

Said one of such supporters to the Squib:

“Frankly speaking, the proper thing was for the magistrates ( the P9) to get the Chief Judge’s approval before leaving to the U.S for the conference, but would the C.J have given his approval? Very doubtful. Nobody has forgotten the partiality game he tried to play the last time magistrates were sponsored by government to attend a one-week workshop in the same U.S. The Chief Judge put many junior magistrates above their senior colleagues, with the clear intent that they should go first. But for the insistence of the then Attorney-General of the state, Professor Yemi Osinbajo SAN that the order of seniority among magistrates should be respected, the Chief Judge would have had his way. So instead of risking having their plans truncated by the Chief Judge, those magistrates chose to circumvent him. In the circumstances, one cannot blame them too much.”

As things stand in the judiciary now, observers believe that members of the P9 would have to be extra-careful in their work to avoid crossing swords again with the Chief Judge, to avoid more grievous injury from a leader who has already established a reputation for ruthlessness towards perceived opposition elements, especially subordinates who appear to test his will or challenge his hold on the judiciary.

To underscore this seriousness the Honourable Chief Judge attached to the “scattering to the winds” of the P9 members, his lordship issued the notice of posting affecting the “coup plotters” under his own hand – a most unusual thing for a Chief Judge to do, since issuance of such notices is normally done by the Chief Registrar; a clear sign that the order will not be rescinded or reviewed.

Tuesday, November 27, 2007

LAWYER DETAINS LAWYER WITH EX-PARTE ORDER

SQUIB COVER STORY

Emmanuel Adebowale Adesina, is a lawyer and also a pastor of the Redeemed Christian Church of God.

At about 12.00p.m on Friday the 16th November 2007, the lawyer came to the Police Zonal Headquarter Zone 2, Onikan Lagos a.k.a “Zone 2” with the sole aim of ensuring the release of some members of his church {the Higher Ground Parish of the RCCG at No. 10, Adebayo Street, Pedro Lagos} who had been arrested the previous day by policemen and brought down, to Zone 2.

After some few hours, lawyer Adesina’s efforts and those of other church members with him paid off. But then a twist in the tale occurred. He, the chief rescuer, was not going home, for as the police now disclosed to Adesina’s chagrin, there is a court order, directing his arrest. {See cover story exhibit for the order}.

At first, Adesina thought the police claim was a joke. But when a copy of the order signed by Honourable Justice Alaba Marsh was gratuitously produced by one Lukman Imam, counsel in the chambers of Bisi Ade-Ademuwagun and Co, legal practitioners, the jocularity of the occasion vamoosed instantly.

We may pause here to ask why in the first instance, Adesina’s church-members were arrested by the police on Thursday 15th November and detained till Friday the 16th November and only released when their pastor {Adesina} showed up?

In the immediate, the story went back to November 2 2007, when a High Court Sheriff in company of some policemen and several members of a rough crowd, stormed Adesina’s Higher Ground Parish of the R.C.C.G in the name of levying execution on the place.

The executioners so to say, met resistance from members of the church who claimed that the judgement or order of the court that the sheriffs brandished {ID/138M/2006 OKHUOLOJIE & OR Vs IGP & ORS} did not pertain to their land and that neither their church nor their landlord were parties in the suit, nor were they privies to any of the parties. {See Cover Story Exhibit A}.

In the heat of the confrontation, the police arrested Adesina, claiming that the order of court in ID/138M/2006} empowered them so to do to him or any other person obstructing the sheriffs in doing their work. Less than an hour later, the police released Adesina. The sheriff and his crowd went their way and the church people went to their church.

But if the church people thought that was the end of their troubles, they were sorely mistaken. This was because, the Bisi Ade - Ademuwagun chambers acting for their clients, Fred Okhulojie in suit ID/138m/2006 simply went back to the Court of Honourable Justice Alaba Marsh in an ex-parte application, to demand for, among other things, specifically the arrest of Emmanuel Adesina.

Interestingly the said application was filed, heard and granted all on the 5th November 2007 {See Cover Story Exhibit B}.
Equally interesting is the fact that Fred Okhulojie, Bisi Ade-Ademuwagun’s counsel is no stranger to the Higher Ground Church people or their pastor, Emmanuel Adesina as he was locked in dispute over a parcel of land immediately adjacent to the church land in suit number LD/2530/03 OWOLABI Vs OKWUCHUKURU EZEONYEODU & 1 OR. before Honourable Justice Adenike Coker.


When Justice Marsh’s order of 5th November 2007 was produced at ‘Zone 2’, Adesina was understandably aghast. All his valiant arguments that he was not a party to the suit before Justice Marsh, that the order was obtained behind his back (ex-parte} that the order did not give a return date or when he should be brought before the court and finally that the order did not ask for his detention were met with a combative and insistent demand by Lukman Imam that “Court Order is Court Order, no matter the defects and must be obeyed until set aside.”

At the end of the day, the police toed Lukman Imam’s position and Adesina was detained. It was a detention which would last till the noon of Monday, the 19th November 2007 when he was released by the order of Honourable Justice Marsh at the powerful instance of the leadership of the Nigerian Bar Association, Lagos and Ikeja branches which led Adesina’s counsel the WinnersDon’tQuit Chambers, to pray for the pastor’s release.

A search of the case - file of Suit No. ID/138M/2006 before Justice Marsh reveals that the suit is a fundamental right application {See Cover Story Exhibit C} with the applicants therein praying the court essentially for an order restraining the respondents: from disturbing the applicants in the quiet possession and enjoyment of their land and their rights to human dignity, liberty, freedom of movement and acquisition of property.

Curiously mid-way in the action, the fundamental rights application took on the strong hue and colouration of an action for possession of land. Please see Exhibit D.
By a motion ex-parte dated the 22nd May, 2007 but filed on 3rd July, 2007 at 9.08 a.m. applicants via their counsel Bisi Ade-Ademuwagun prayed the court for -


1. An order for possession to the 1st Applicant forthwith and without disturbance by any authority or person the piece or parcel of land situate lying and being at Debari village/Obanikoro, Pedro, Shomolu, Lagos shown n survey plan No WAT/LA/187/91 dated the 1st of August 1991 being the parcel of land in respect of which the title and right of possession of the 1st said Applicant was confirmed by the judgement of the High Court of Lagos State dated 14 June 2006 Suit No. ID/195/06 being portion of a larger parcel of land adjudged to belong to the Aina Edu Alashe by the judgement of the Supreme Court dated 27th day of March 1950 in Suit No. 114/48 the said land having reverted back to the original owners since the purpose for acquiring the same had been abandoned by Lagos State Government as confirmed by the order of His Lordship, honourable Justice K.M.O. Kekere-Ekun dated 9th of May 1997 in Suit No. ID/749/92.

2. An order to force open doors to building or structures on the said and to remove illegal structures therefrom forthwith
This rather strange and startling development moved the SQUIB to seek audience with the bar leader, Dr. Bisi Ade-Ademuwagun to ask these few questions from him on Friday the 23rd November, 2007.
The interaction went thus:

SQUIB: I have done a Search of the Case file of your matter ID/138M/2006 before Justice Marsh and I have some questions for you.
DR. ADE-ADEMUWAGUN: You’ve done that? Alright, what are your questions?
SQUIB: First, I want to know whether it is proper for you to secure the arrest of a person by way of a motion ex-parte?
DR. ADE-ADEMUWAGUN: There’s nothing wrong there. The order was to ensure that they are brought before the court to explain why they disobeyed court order.
SQUIB: Is it not odd that you used a Fundamental Rights action to deprive another person of his own rights, of his own liberty?

DR. ADE-ADEMUWAGUN: No, not like that. The order is to ensure that they are brought before the court.
SQUIB: By the way, I saw in the file that you joined some other persons in the action and made them parties and then later filed Form 48 and 49 against them, why didn’t you treat Adesina like that? Why seek his arrest ex-parte, and even when he is not a party to the suit?
DR. ADE-ADEMUWAGUN: That’s how we saw it {fit to do} that time in the case.
SQUIB: I also noticed that even though this is a fundamental right action, you’re applying for order of possession of land in it? How proper is this?
DR. ADE-ADEMUWAGUN: You have to understand that the issue of land is in this case.
SQUIB: I know that. If I am right, you were in court against the applicants who you said were preventing you from peaceable possession and enjoyment of your land and thus asking the court to stop them from harassing and disturbing you on the land.
DR. ADE-ADEMUWAGUN: Yes.
SQUIB: That’s why I am asking why in this same fundamental right case, you are applying for order of possession of land?
DR. ADE-ADEMUWAGUN: The issue of land is in this case and we are only applying to the court to enforce the {earlier} order of court which had granted land to the applicants. We are doing the case the way we see it. But, one stands to be corrected.


In a chat with Emmanuel Adesina, who obviously now values his freedom better than before, after his 31/2 days close association and habitation with bugs, roaches and mosquitoes in his place of detention at Zone 2, the man could not hide his disdain for Bisi Ade-Ademuwagun. Said Adesina; “How a lawyer like Bisi Ade-Ademuwagun ever came to lead a progressive branch of the NBA like Ikeja Bar is a wonder. I think it is a great misfortune for the NBA Ikeja branch to have had such a man ever as their Chairman.

For a man who I heard was called to the Bar in 1982 and was once the chairman of a branch of the NBA to have caused my arrest and detention using an ex-parte application in a case I am not a party is a great tragedy.
I will certainly take him up on what he has done to me and the church of God.”

Related links: http://www.learnedsquib.blogspot.com

http://www.squiblogg.blogspot.com

http://www.editorspark.blogspot.com



Wednesday, November 21, 2007

Oil of Controversy: Judge Accused of Fetish Practices

SQUIB COVER STORY



“Kuru kere, kuru kere
O di le alawo
Kuru kere, Kuru kere
O di le onisegun
Ogun o ran wa o
E ma wule sare ka.”

“there they go again
to the witchdoctor’s
they are there again
to the herbalist’s
but all your exertions
are in vain, for
we are immuned to juju.”
King Sunny Ade
Juju Music Mega Star

The above song is one of the most popular songs of Sunday Adeniyi Adegeye a.k.a. King Sunny Ade, the legendary juju music megastar in the 70s.

The song aside its mellifluous rendition, became popular because it reflected the prevalent belief among Africans of the existence and reality of malevolent metaphysics and their diabolic powers. As far as many people are concerned, not only are there a plenitude of enemies against every individual, but those enemies, especially the ‘strong ones,’ operate chiefly on metaphysical or spiritual planes, using certain ingredients like oils, kolanuts, salt, animals, birds, ash, charcoal etcetera in the practice of their occultic and esoteric sciences.

Practitioners of esoteric sciences are feared by many people as they are reputed to have a wide range of potent and destructive powers including bewitchment, hypnotism, affliction of physical and mental diseases, even distortion of natural forces. Thus, nobody jokes with shamans and voodooists of whatever hue or colouration, not to talk of daring them. The advent of both Christianity and Islam as well as exposure to Western and Arabic education have done nothing to significantly douse in people, the fear, nay dread of those believed to be “controllers of invisible forces.”

This fact most probably was why a group of eight men and women were seen by three different groups of geckos {general duty, statutory and self employed} running pell-mell from the frontage of the Resource Centre of the Lagos Judiciary at the Tafawa Balewa Square to the Lagos State High Court, Igbosere. The time of the “Great Dash” was 8.30 a.m.

The runners upon arriving their destination panting and looking quite scared, narrated their story to the first senior official they saw. From what geckos could piece together from their excited talk, the group had come to the work-place that morning only to find a strange sight - oil markings and drops on their tables and computer screens.

After their garbled narration, the group was directed to see the Deputy Chief Registrar. But, before they got to the DCR, the news of the incident which sent all of them packing, had spread far and wide. The most common of the speculations that time {about 8.30 a.m.} was that some unknown persons had put fetish or sacrificial items in the form or red palm oil and falafel {akara} balls on the seats and tables of all the workers there.

By 9.00 a.m., the story identified the perpetrator of the sacrifice/ritual at the Resource Centre as Honourable Justice Wasilat Abidoye Esther Ayo and further that the honourable judge had “owned up” to her act claiming the sacrifice was only for the protection of the workers.

This certainly fantastic story in no time spread like wild fire and only die hard skeptics did not buy into it. It was simply sweet, intriguing news to many ears that a high court judge could be involved in fetish practices.

“You need to see the Resource Centre now. Red oil and ‘akara’ is all over the place.”
“Ebo” {Rituals}. That’s the in thing now in the judiciary. Imagine a judge doing that.”
“Wonders shall never end!”
“ Red oil and ‘akara’ in court, only God will save us.”
were some of the many comments that flowed around on account of the incident. Some credence was lent to the story when it was learnt from those who went to see the DCR that the Judge, Ayo .J disclosed that she was the one responsible for making marks in the Resource Centre “with anointing oil and it’s for every body’s good.” What was important to speculators and rumour mongers was the fact that a form of ritual was performed. They pooh-poohed the claim that the prayers and rites performed were commonplace Pentecostal Christian practice and ostensibly benevolent.

“What manner of prayers are those? Done behind peoples’ back?
Let the judge tell that to the marines.” was the common conclusion.

At about 8.40 a.m., Squib correspondents who got to the Resource Centre for enquiries saw that virtually all the workers were agitated and scared. But one of them Adewale Akinola refused them access to see things for themselves. Rather gruff and hostile, Akinola insisted that nothing was amiss, inspite of the troubled looks worn by many of his colleagues.

Around 12.00 p.m., the First Gecko himself came to the scene. It was again the lot of Akinola to repeat that nothing was amiss and then suggested that Justice Ayo could be approached on the claims that fetish objects and rituals were performed by Her Ladyship at the Resource Centre.

The next day at about 2.00 p.m., the SQUIB called on the office of Honourable Justice Ayo but it was not until 2.35 p.m. that access to the judge was granted.

The encounter between the SQUIB and the judge lasted ninety minutes with the topics of discourse extending beyond the investigation of alleged involvement of the honourable judge in fetish invasion of the Resource Centre.

Some parts of the said discourse are here deliberately excluded, as a matter for another day.
The Squib team was well received by the judge and the following exchange took place.

SQUIB: Good afternoon milady. We are here to investigate certain claims that your Lordship performed some sacrifices in the Resource Centre using palm oil and “akara.”

AYO. J: You heard that? Where?

SQUIB: In the court. People sent calls to us, asserting that palm oil and “akara” balls were placed on the seats of the workers in the Resource Centre and also that your ladyship owned up to doing that.

AYO. J: There was nothing like that. Palm oil and “akara.” Jesus Christ. Well, I want to say that you should investigate stories before publishing. People gossip a lot in the judiciary, even judges too. A lot of rumours are peddled. People say all sorts about things they don’t know.

SQUIB: That’s what we do - investigate before publishing. The only problem is that not all persons are prepared to open up to us. Not every judge does as your ladyship has done opening your doors to us. We just left the courtroom of another judge who refused to see us. We were investigating the claims that the judge, {a lady} sat in court wearing trousers.

AYO. J: I don’t read the SQUIB often. But few that I have read contained only negative stories about the judiciary, whereas there are positive developments taking place.

SQUIB: It is the stories we have that we publish. Even the so called negative stories, it is not easy to get them, not to talk of getting the positive ones. The authority here, from the onset see us as their enemy and so they don’t like talking to us.

I will also like your ladyship to help represent us to the other side that we are not devils, people interested in pulling down the towers. The only thing is that unlike many lawyers, we don’t believe that the profession is higher than the society and have no special interest in covering misdeeds in the profession. If a Senior Advocate for example embezzles client’s money, we will publish the story. If a judge is corrupt, SQUIB will publish it.

AYO. J: {Addressing some of the workers in the Resource Centre whom her ladyship had summoned} There is Mr. Ogunsina, sorry Ogunlana. He said he heard that you people saw palm oil and “akara” on your seats in the centre this morning.

WORKERS: Nothing like that.

AYO. J: What did you see?

WORKERS: Olive oil.

AYO. J: Was any oil on your seats?

WORKERS: No.

AYO. J: {dismissing the workers} You can go now. {Turning to the SQUIB} You’ve heard yourself from the staff. There was no sacrifice or rituals. I am a Christian and a member of the Redeemed Christian Church. I only prayed in the place and anointed the computer. Nothing like sacrifice.

At this stage, the Honourable Judge called in one Paul, the Project Manager who was the first of the workers to enter the Resource Centre on Monday. Paul corroborated all what his colleagues earlier said when questioned by Justice Ayo in the presence of the SQUIB.

AYO J: So you have heard yourself. It is the workers that caused all these wild rumours by their panicky behaviour in the morning. Without checking with me they went to see the DCR who now called me and I explained the situation to her.

SQUIB: With due respect your ladyship, may be the workers panicked because they were not involved in the prayers and the anointing and so did not know what it was all about. May be your ladyship should have involved them.

AYO. J: Why I didn’t involve them is that some of them may not agree with it. All this place, including the Resource Centre is under my control and I can do anything to ensure all is well. But after hearing the true facts, will you still publish? These are mere distractions. There is a lot of work to be done.

SQUIB: We’ll still publish. A magazine such as ours that is on ground cannot afford to keep quiet on this very widespread rumour that a judge, so to say, “carried sacrifice.”

AYO. J: So what is your story going to be? Because on Monday now it is another thing one will see.

SQUIB: It’ll be unprofessional, milady to disclose that to you. But you can be sure that if we cared to come to see your ladyship to hear your own side of the story, then our story will be faithful to the facts.

Wednesday, November 14, 2007

LAGOS JUDICIARY CRISIS

WINNERS DON’T QUIT CHAMBERS
197a Ikorodu Road, By Palm-Grove B/Stop, Lagos
Tel: 08034854066

12th November 2007

The Honourable Speaker
Lagos House of Assembly
Alausa – Secretariat
Ikeja
Lagos State

Dear Sir,

OPEN LETTER

PETITION AGAINST HONOURABLE JUSTICE AUGUSTINE ADETULA ALABI, CHIEF JUSTICE OF LAGOS STATE FOR MALADMINISTRATION OF JUSTICE TO WIT: DENIAL OF ACCESS TO JUSTICE TO LAGOS STATE RESIDENTS, OTHER NIGERIAN CITIZENS AND THE PUBLIC IN GENERAL BY NON ASSIGNMENT OF CASES TO JUDGES.

The undersigned is a legal practitioner, practicing almost exclusively in Lagos State.

I am constrained to bring the above subject matter to the attention of your noble office and indeed the entire parliament of the state because of the gravity of the raging but silent crisis ravaging the Lagos State Judiciary.

At a superficial level of consideration, it may be considered impudent, rash, wrong, or ill-advised of any one to ask the State’s Legislature to concern itself or be bothered with problems of another arm of government, especially the judiciary; but cold and grievous facts on ground on the issue at hand, I humbly believe, will compel dissension from such a hasty notion.

Mr. Speaker Sir, the simple but sad reality is that since the beginning of the 2007/2008 Legal Year (Sept 17, 2007), the Lagos State Judiciary, particularly the high court section, has been in a sorry state of partial, man-made paralysis.

At the start of the new legal year, lawyers and litigants woke up to the reality of:
(a) the commencement of extensive renovation of the court complexes at the two main judicial divisions, Ikeja and Lagos – affecting about twenty court rooms.
(b) Mass re-deployment of high court judges from their various Cause Divisions such as Criminal, General Civil, Commercial, Family & Probate Division etc, by the Honourable Chief Judge.

As usual with such a development where judges are transferred out of their divisions (whether Judicial or Cause) they return their non part-heard cases to the Chief Judge who re-assigns all such cases to new judges in replacement of the transferred ones.

In the latest exercise, my investigation both as a practitioner and law magazine publisher (THE SQUIB) reveals that more than ten thousand non-part-heard cases were affected.

On the orders of the Honourable Chief Judge, same were released by the various judges and sent to the Court Registry and Records Sections.

Mr. Speaker, it may astonish you to learn that since September the vast majority of these cases have not been re-assigned to new judges to take them over despite ceaseless requests and pressures from lawyers and litigants alike.

Sir, I make bold to say, and without any exaggeration that the Lagos High Court has become a shadow of itself, as many of the High Court Judges do not have enough work to occupy their working hours since a large chunk of case files that are in dire need of their judicial attention are unjudiciously marooned and abandoned in the Court Registry and Records Sections.

A situation has been created by the Chief Judge wittingly or unwittingly whereby many practicing lawyers get nothing to do in the law courts and even worse are made to look like nincompoops before their clients (litigants) who naturally are un-amused by the prolonged detention of their cases, previously in court before judges, in some dumpsites in the administrative departments.

To my knowledge, individual lawyers as well as our professional association, the Nigerian Bar Association (NBA) via her branches in Lagos State have made representations to the Honourable Chief Judge on this grave crisis but there is little or no improvement in the situation despite ardent promises and earnest assurances to the contrary by the Honourable Chief Judge.

One cannot but wonder whether there is no hidden agenda or ulterior motive in the rather inexplicably prolonged delay in the re-assignment of thousands of non part heard cases in Lagos State High courts since some sixty days ago now.

Mr. Speaker Sir, it has become necessary, in my humble view, for the Lagos State House of Assembly to look into the affairs of the Lagos State Judiciary especially as it pertains to the alleged serious dereliction of duty on the part of the Chief Judge, Honourable Justice Augustine Adetula Alabi especially of his Lordship’s refusal, failure, neglect, or even sheer inability to re-assign thousands of non part-heard cases returned to the registry since September 17, 2007. Our people are suffering.

I believe that a reputable organ of government like the Lagos State House of Assembly should not wait for social unrest intervening in any maddening situation such as we now have in the Lagos State Judiciary.

I honestly and reasonably believe that the House of Assembly can make the leadership of the Lagos State Judiciary become more responsible and more responsive to the people of Lagos State and Nigeria which it was set up to serve, or else quit or be made to quit.

Sir, I respectfully urge that your parliament enquire from the Honourable Chief Judge the whys and hows the largest and self-acclaimed most sophisticated Judiciary in Nigeria has been lying so sorrowfully and ineffectually low since September 2007.

SIR, I BEG YOU IN THE NAME OF GOD, IN THE NAME OF THE 1999 CONSTITUTION WHICH EMPOWERS YOUR PARLIAMENT TO ACT AS A BALANCE OF POWER AGAINST THE CHIEF JUDGE OF THE STATE, TO TAKE A HARD, LONG LOOK INTO MY COMPLAINTS IN THIS PETITION AND RESPOND DECISIVELY.

I remain,

Yours faithfully,

Adesina Ogunlana Esq.

Tuesday, November 6, 2007

Fighting Judge - Fit to Continue in Office?


The most sensational news last week in the Lagos State Judiciary was the physical confrontation between a Lagos High Court Judge, Titilola Ojikutu-Oshode, a sixty year old lady and Grace Ibukun Ibidapo a female Judicial assistant, who is in her early forties.


The said confrontation as correctly reported by the Squib took place at about 2.00 p.m. on Friday 26th October 2007 in the chambers of the judge.

When the news broke, it was too much for some people to believe. Such readers doubted the veracity of the story because it was simply unimaginable for these genteel folk that a judge of the high court would “for whatever reason” resort to physical altercation with her staff. Such readers believe that the story was pure fiction or a “gross exaggeration.” From such quarters, the editor-in-chief received queries of “were you there?”

To such enquirers, the Squib wishes to state emphatically that it stands by her story. In fact, contrary to assumption that “no judge will fight,” credible information to the Squib, courtesy of its surface-to-air geckos has it that the particular judge in question is prone to bouts of irritability and has a short-fuse temper as evidenced by the very high turn-over number of staff who she has had posted away from her office.

In an earlier situation with another member of her staff, the computer operator/typist, the honourable judge in a fit of temper had torn to shreds the typist’s “assessment form” given to the staff to fill by the Lagos State Judicial Service Commission.

The judge got mad with the typist because in the form the lady in the column requesting for information on challenges on her job had written innocently and sincerely that she had inadequate stationery to work with.
Upon reading this, the honourable judge, who like all her peers, receive two hundred thousand naira monthly from the National Judicial Service Commission as Court Room maintenance allowance, flared up and started shouting:

“stupid woman, do you want to implicate me?
How can you write this kind of nonsense?
So you want them to know there is no stationery here etc. etc.”
before furiously tearing the poor typist’s form to shreds. The poor intimidated little dear burst into tears at this frightening reaction from the judge.


At about 12.00p.m on Monday the 29th October 2007, the Squib saw Mrs. Grace Ibukun Ibidapo, the judicial assistant beaten up by Justice Titilola Ojikutu-Oshode in the outer office of the Chief Judge of Lagos State. Dressed in a rust gold coloured “up and down” gown, the lady, her neck wreathed with a ring of bandages, looked very inch a “Sister Lazarus.”

Though weak {ostensibly from her travails in the hands of her action-packed boss} her mission was obvious, to submit her petition against Justice Ojikutu-Oshode to Honourable Justice Adetula Alabi the Chief Judge. Eventually, when Mrs. Ibidapo gained audience with the Chief Judge, special duty geckos were also present. The geckos discovered that Ibidapo’s complaint was no longer news to the Chief Judge. This is because much earlier in the day, Justice Ojikutu-Oshode had hurried to see the Chief Judge in the office. Even at that early hour of the day {7.30a.m.-8.00a.m} when the two judges met, special duty geckos were also present and correctly reported that the Chief Judge was angry with Ojikutu-Oshode .J for getting involved in a fight with her staff. His Lordship hand bluntly told Ojikutu-Oshode .J that her ladyship’s claim that Ibidapo was the aggressor in the fight was not and could not be true.

“By your conduct, you have opened us{Lagos Judiciary} to ridicule” the disappointed and embarrassed Chief Judge told Justice Ojikutu Oshode.
Nevertheless at the end of the meeting, the Chief Judge resolved to bail his learned sister out of the embarrassing situation she had created for herself. Through tireless three-eared geckos, the Squib learnt that the first step taken by the Chief Judge was to get in contact with Honourable Justice Doris Okuwobi {who is said to be close to the assaulted judicial assistant} to prevail upon her ‘protegee’ to drop any and all her “battle plans” against Justice Ojikutu-Oshode. The second step was embarked upon when Grace Ibidapo was allowed to see the Chief Judge. After hearing out Ibidapo, the Chief Judge “passionately” appealed to her to drop all actions against Justice Ojikutu-Oshode especially petitions to the Lagos State Attorney-General and the National Judicial Commission and “allow me to deal with the matter.”


As at press time it would appear that the efforts of the Honourable Chief Judge had started yielding results. The ‘complainant’ to wit Grace Ibukun Ibidapo has not only refrained from sending any petitions to authorities outside the Lagos State Judiciary but has actually reached out to the Squib Magazine to ensure that no further publication on the scandal is made.

In appealing to the Squib, Ibidapo told a particular gecko that “Although I am grateful that the Squib publicised the story without being told by me but I don’t want any further publication on the matter because I am adopting a wait and see attitude. why I am adopting a wait- and -see attitude is because the Chief Judge has begged me passionately over the matter.”

The comfortability of Grace Ibidapo with the “let’s-settle-it-within-the-family” approach of the Chief Judge on her assault does not surprise some observers who know the woman.
When the news of the assault broke out, Barrister Dare Akande, a chieftain of the Nigerian Bar Association, Ikeja branch and the national leader of the Progressive Bar Forum and who is the immediate past secretary of the Disciplinary Committee of the Ikeja Bar doubted whether Ibidapo would have the liver to see the matter through against her boss Ojikutu-Oshode .J Said Akande;


“Is this the first time that woman {Ibidapo} will be beaten up? When she was in private practice, she wrote a petition to us {the Disciplinary Committee} about her employer then, a male lawyer alleging assault. But you know she became so lukewarm about the whole complaint that it began to appear as if it was me, the Committee’s Secretary was the aggrieved and not Ibidapo, I won’t be surprised if she later denies ever being assaulted by the judge.”

However, it is the opinion in many quarters that the issue goes beyond the person of Grace Ibidapo. In such concerned quarters the two main questions are:

{a} Is it proper for a judicial officer to get involved in a physical fight, with his staff?
{b} Should any judge who has so engaged himself or herself in a brawl or fight be allowed to keep her appointment as a judge?

Reacting to the incident, a professor of Law, told the Squib that a judge who gets involved in physical fights is not fit to remain on the bench. Said the learned professor
“You see the cause of the fight between the judge and the judicial assistant is not important. And I don’t agree that a judge is wrong in asking her judicial assistant to write a judgment for her. It is done everywhere. Even in the United States, judicial assistants make out draft copies of judgment for their judges. What I am concerned about is that a judge actually physically fought. No matter the provocation a judge must never bring himself to such a debased level. If a judge does, he should be relieved of his post. He is not fit for a position as honourable as that of a judge.”


However, it is the common belief in the Lagos Judiciary that the case of the fighting judge will be swept under the carpet by the chief Judge, Alabi J, who is well known to be quite protective of his judges and magistrates no matter the severity of allegation of misconduct made against them.

Whether public opinion will be proved right in this case is a matter of time.

Related links: http://www.squiblogg.blogspot.com

http://www.learnedsquib.blogspot.com

Tuesday, October 30, 2007

SHAME! HIGH COURT JUDGE FIGHTS IN CHAMBER WITH JUDICIAL ASSISTANT

JUSTICE OJIKUTU-OSHODE IN CHAMBER FIGHT WITH JUDICIAL ASSISTANT

Friday the 26th October, 2007 started on a quiet, rather uneventful note for Grace Ibukun Ibidapo. That morning, little did Ibidapo, a married lady lawyer, who works as a judicial assistant in the Lagos State Judiciary know that the day would end on a spectacular, if sad note for her.

In fact, things had gone so awry with the woman, that by 3p.m of the 26th October 2007, she had found herself at the emergency ward of the General Hospital, Lagos for treatment for shock, neck sprain and bruises. The attack that sent G.I. Ibidapo to the hospital bed came from a most unlikely place.

At about 2.05p.m on the said October 26, some verandah geckos saw a distraught G.I. Ibidapo somewhere about the outer offices of Honourable Justice Inumidun Akande, the Administrative (Head) Judge of Lagos High Court sobbing bitterly. Her eyes were red, cheeks puffy and her neck bore scratch marks as if so put there by the talons of a wild bird.

These verandah geckos did not waste time in sending this information to the SQUIB GECKO CENTRAL INTELLIGENCE NETWORK/SERVICE (GECINS) which in turn activated all PERMANENTLY IMBEDDED GECKOS (PIGS) in all the corridors of power in the Lagos High Court. About thirty minutes after the activation, the GECINS received a report from Olama (Code name) the PIG in Honourable Justice Titilola Oshode’s court. It read thus:
“CASE OF DISTRESSED JUDICIARY STAFF IN LAGOS HIGH COURT.”

“Dear Chief Gecko, we have identified the staff in question. Her name is Grace Ibukun Ibidapo. She is a lawyer and works with Honourable Justice Titilola Ojikutu-Oshode as her judicial assistant. There was a clash between the judge and Ibidapo this afternoon. The clash was physical, very physical, full of noise. It all started in the judge’s chamber and climaxed in the open court. The judge was annoyed that her judicial assistant was not quick enough to write out the judgement of a case she presided on. According to the judge, the ‘assignment’ had been with the judicial assistant for several days without completion. The assistant however complained about the judge’s handwriting, claiming it was rather difficult to read. But this aside the fact that she was not too happy about writing judgements and rulings for her judge, since in her view, it was morally and legally wrong for her, a mere judicial assistant to be engaged in such tasks. The assistant was also not happy that the judge was delaying writing the progress report on her (the assistant) which is crucial to the renewal of the assistant’s contract of employment.

Maybe it is a case of “two fighting.” This is because the judge is claiming that it was her assistant who first touched her clothes but what I saw with my two “korokoro” gecko eyes was that the two women, Ojikutu J. and Ibidapo (42) were standing close to each other when a thunderous slap landed on the younger woman’s cheek. Immediately, her earring flew off. I personally saw about fifty-seven (57) stars dance all over the assistant’s face. The registrar of the court, one man called Demola Adekeye witnessed the incident but just stood there shivering like a wet chicken.

‘Ha, e gba mi leti!’ (Madam, you slapped me!) yelled the slapped assistant. But the older woman who probably is a ‘WRESTLEMANIA’ fan was not done yet. She made a loud ‘grrrrrrrrrrr’ sound and rushed to grab the judicial assistant by the neck in a wrestling-choke fashion for a long twenty-three seconds before registrar Demola Adekeye came to the rescue.

For about twenty minutes, the judicial assistant disappeared from our radar. But we sighted her later at the office of the Administrative Judge and later at the office of the Lagos State Judicial Service Commission.

In the course of investigating this shocking story, the SQUIB endeavoured to hear from Justice Ojikutu-Oshode

SQUIB: (telephone) Good evening milady.
JUDGE: Good evening
SQUIB: May I speak with Honourable Justice Ojikutu Oshode?
JUDGE: Who are you?
SQUIB: My name is Adesina Ogunlana
JUDGE: Ha!...I don’t recognize your name.
SQUIB: I am the Editor-in-Chief of SQUIB magazine
JUDGE: (Switched off).

Long time observers of the Lagos Judiciary scene told the Squib that Justice Ojikutu-Oshode will not be the first judicial officer in Lagos State to be involved in physical fights with judiciary staff. For example, about a decade ago, a former Chief Judge of the state judiciary infamous for his terribly short temper got more than he bargained for when he slapped a junior staff at his official quarters.

The staff knowing full well that the Chief Judge was living alone, closed the door on the older man and extended the hot courtesy of three resounding slaps to the cheeks of the judge. The irascible judge became calm instantly and kept mum in line with the Yoruba adage that says:
“Iso inu e ku. A mu mora ni.” (One has no option than to bear the inconveniences of a secret shame manfully).

Related links: http://www.squiblogg.blogspot.com
http://www.editorspark.blogspot.com
http://www.learnedsquib.wordpress.com

Tuesday, October 16, 2007

WHAT IS A DOCTOR'S LIFE WORTH IN NIGERIA?

SQUIB COVER STORY CONTINUED 1. (Vol.8 No.4 15th Oct.2007)
http://www.squibanticorruption.com

IN THE CHIEF MAGISTRATE COURT OF LAGOS STATE
HOLDEN AT COURT NO.1 –IGBOSERE ROAD, LAGOS
TODAY FRIDAY THE 17TH DAY OF AUGUST, 2007
BEFORE HIS WORSHIP: MR. O. A. ISAAC –CMI

CHARGE NO. A/10A/2006

BETWEEN:

COMMISSIONER OF POLICE
VS
IBINABO FIBERESIMA

JUDGEMENT

The accused person was arraigned before this court on the 6th March, 2006 on a three count charge of dangerous driving on a public highway; dangerous driving causing death of Dr. Giwa Suraj and causing damage to one Honda Accord Saloon Car; all contrary to the provisions of Section 18, R.T.A.; Section 27 (1) R.T. Act and Section 28 (1) R.T.A respectively.

To the three counts the accused person pleaded NOT GUILTY.
By virtue of a Legal Advice dated 14th March, 2006, and on the 24th April, 2006, the earlier charge was withdrawn and a new Charge A/25/2006 was brought against the accused person as follows:-

Count 1: That Ibinabo Fiberesima ‘F’ on the 26th February, 2006 at about 22.30 hrs along Lagos-Epe Expressway in the Lagos Magisterial District being the driver of a Toyota Jeep with Registration No. DW 600 APP drove same on the public highway in a dangerous and reckless manner and caused the death of Dr. Giwa Suraj ‘M’ thereby committed an offence contrary to Section 28 of the Traffic Law Cap RI0 Vol.7, Laws of Lagos State 2003.
Count 2: That you Ibinabo Fiberesima ‘F’ on or about the 26th day of February, 2006, at about 22.30 hours along Lagos – Epe Expressway in the Lagos Magisterial District being the driver of a Toyota Jeep with Registration No. DW 600 APP drove same on the public highway in a reckless and negligent manner having regard to all the circumstances of the case including the nature and the condition of the road and thereby committed an offence contrary to and punishable under Section 29 of the Road Traffic Law Cap RI0, Vol.7 Laws of Lagos State 2003.

The accused person pleaded NOT GUILTY to the two counts and in the process of trial the prosecution called 6 witnesses while the accused person gave evidence on oath in defence.
The summary of the case for the prosecution is that on the 26/02/06 the accused person was the driver in charge of a Lexus Jeep Vehicle with Registration No. DW 600 APP and that she drove the vehicle reckless dangerous and reckless (sic) manner by leaving her own side of the road on the Lagos – Epe Expressway climbing the kerb dividing the road, goes to the other side of the Epe – Lagos Expressway and hit a Honda Accord Saloon Car driven by one Dr. Giwa Suraj who was with two other occupants, PW1 and PW3, and as a result of the impact the said Dr. Giwa Suraj died before being taken to hospital.

In her defence, the accused person admitted being the driver of the Lexus Jeep. She also admitted crossing over from her own side of the road to the other side of the road and hit the vehicle driven by Dr. Giwa Suraj the victim of the accident. She stated that her vehicle crossed over to the other side of the road when she swerved to avoid a red car which was pursuing her, overtook her and stopped suddenly in front of her.

The prosecution in the course of the trial called the following as witness:-
PW1: Rasheed Kayode Giwa who described himself as the brother of the deceased and was in the car with the deceased at the time of the accident.
PW2: Nofiu Taoreed, a police constable attached to the Maroko Police Station who is the Investigating Police Officer.
PW3: Yisa Omotayo Lambe who described himself as a childhood friend of the deceased who was also in the car when the accident occurred.
PW4: Babatunde Balogun, a Police Office attached to the Accident Vehicle Inspection Unit who inspected the accident vehicles i.e. the Jeep and the Honda.
PW5: Aderemi Musiliu Fashanu, a friend of the deceased who witness (sic) the event immediately at the scene of accident.
PW6: Dr. Taiwo Fadeyi, a Medical Practitioner, a friend of the deceased from whose house the deceased left before the accident. He testified that he examined the deceased at the scene of accident and confirmed him dead.
The prosecution also tendered the following Exhibits viz:-
Exhibit ‘A’ which is headed “Rough Sketch of Fatal Motor Accident along Lagos/Epe Expressway, Lagos” dated 6/9/2006.
Exhibit ‘B’, B1 are two photographs of the Honda Car driven by the deceased, Dr. Giwa Suraj.
Exhibit ‘C’ – the Statement of the accused person dated 1/3/06.
Exhibit ‘O’ – the Statement of Yisa Omotayo Lambe. PW3.
Exhibit ‘E’ – Accident Vehicle Inspection Report of the Lexus Jeep Registration number DW 600 APP dated 28/2/06.
Exhibit ‘F’ – the Accident Vehicle Inspection Report of the Honda Accord LX Saloon Car – BX 533 APP dated 28/2/06.
Exhibit ‘G’ – the Proof of Ownership of the vehicle Toyota Haurier Jeep registered in the name of Daniel Wilson.

At the close of evidence for the prosecution and by the accused person, written addresses were filed by both sides.

TO BE CONTINUED.