Headline
How NJC Plans To Fill S’Court Vacancies Before Buhari Exit
Published
2 years agoon
By
Editor
Barring any last minute change of decision, a list of eight candidates to be recommended by the National Judicial Council, NJC, to fill available vacancies on the Supreme Court bench, will hit the table of President Muhammadu Buhari in the next two or three weeks.
A top judicial officer and strong member of the NJC who preferred anonymity told Vanguard’s Law and Human Rights on Tuesday that the Council is wrapping up the processto enable President Buhari seek the assent of the senate required for his appointment of the top judicial officers before he quits office on May 29, this year.
Vanguard reliably learnt that the NJC got the hint that President Buhari is willing to hand over a Supreme Court with full complement to his successor.
This, according to the source, is aside the fact that the court is not only evidently overstressed following its increasing workload and the depletion of its workforce but also because the exercise was long overdue having commenced almost two years ago.
The court presently has 13 serving justices.
The source said it is more compelling to fill the slots because two of the 13 serving justices—Justice Musa Datijo Muhammad and Justice Amina Adamu Augie, would be retiring from the apex bench before the end of the year, a situation that would leave only 10 justices in the court.
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The serving 13 justices of the apex bench are Justices Olukayode Ariwoola, Musa Datijo Muhammad, Kudirat Kekere-Ekun, Chima Centus Nweze, Amina Augie, Uwani Musa Abba Aji, John Inyang Okoro, Lawal Garba, Helen M. Ogunwumiju, I.N. M. Saulawa, Adamu Jauro, Tijjani Abubakar and Emmanuel A. Agim.
The Justice Ariwoola-led Supreme Court
Of the 13 serving justices, three are from the North West, three are from the North-East, one from the North Central, one from the South East, three from the South West and two are from the South-South.
The demography of the top judicial officers showed that while two of them are due to retire during the year, one in 2024, two in 2026, one in 2027, three in 2028, two in 2029, another two will retire in 2030.
The details of justices of the court are captured below:
1.Justice Olukayode Ariwoola, South West, August 22, 1954 -August 22, 2024
2. Justice Amina Augie, North West, September 3, 1953-September 3, 2023
3.Justice Musa Muhammad, North Central, October 27, 1953-October 27, 2023
4. Justice Uwani Aji, North East, November 7, 1956-November 7, 2026
5. Justice Kudirat Kekere-Ekun, South West, May 7, 1958-May 7,2028
6. Justice Chima Nweze (PhD), South East, September 25, 1958-September 25, 2028
7.Justice John Okoro, South South, July 11, 1959- July 11, 2029
8. Justice Lawal Garba, North West, November 11, 1958-November 11,2028
9. Justice Helen Ogunwumiju, South West, March 23, 1957-March 23, 2027
10.Justice I.N. Salauwa, North West, September 29, 1956-September 29, 2026
11.Justice Adamu Jauro, North East,June 26, 1959-June 26, 2029
12. Justice Tijani Abubakar, North East, April 15, 1960-April 15, 2030
13. Justice Emmanuel Agim,South South,April 26, 1960 -April 26, 2030
Vanguard reports that the composition of the Supreme Court at any time is governed by constitutional and other statutory provisions.
According to Dr Mojeed Alabi, the Supreme Court was to consist of the Chief Justice, two Federal Judges or such greater number as might be prescribed by the Federal legislature and such number of acting Federal Judges as might be appointed under section 139 (3) of the 1954 Constitutionat the inception in 1954.
“Under the 1960 Constitution, the composition of the Supreme Court was slightly modified as the constitution provided for a Chief Justice of the Federation and not less than three justices.
“The 1963 Constitution also modified the composition to include a Chief Justice of the Federation and not less than five justices even though the Supreme Court Act of 1960 provided that number of Supreme Court justices shall be nine.
“Two Acts of the Federal Parliament passed in 1964 increased the minimum to eight. It was however raised to ten in 1977 and twelve in 1979.
“Under the 1979 Constitution, the maximum number of justices was increased to 15 excluding the CJN,” he added.
READ ALSO: NJC Okays Appointment Of 84 New Judges, 9 Heads Of Courts [SEE LIST]
But with the promulgation of Decree 24, which heralded the 1999 Constitution, the membership of the Supreme Court was increased to a maximum of 21 justices excluding the CJN while section 231(3) of the 1999 Constitution provides that “ a person shall not be qualified to hold the office of Chief Justice of Nigeria or of a Justice of the Supreme Court, unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years.”
Notwithstanding the constitutional provision, the highest number of justices appointed to the Supreme Court was 17 all through the tenure of Justice Muhammad Lawal Uwais (1995-2006) and the first quarter of 2020 during the tenure of the immediate past Chief Justice Tanko Muhammad (2019-2022).
However, most times, the number of justices on the Supreme Court oscillated between 11 and 14 while all through the 1995 and 2022 legal years, no lawyer in private practice or academia was appointed to the Supreme Court as it used to be in the past.
But for the first time in the history of the court, the number of justices appointed to the Supreme Court bench hit a record high 21 in the first quarter of 2020 legal year under Justice Ibrahim Tanko Muhammad, but death, retirement and resignation depleted the figure to 13 justices as at today.
Specifically, Vanguard reports that between the first quarter of 2020 and June 27, 2022, four of the Supreme Court justices had retired for clocking the mandatory retirement age of 70 years, two died in office owing to protracted illness while the Chief Justice of the court himself, Justice Tanko resigned on account of ill-health even though he was said to have been ousted from the bench by the powers-that-be.
READ ALSO: NJC Recommends Appointment Of 6 Chief Judges, 30 Others As Judicial Officers (Full List)
Presently, a credible source at the NJC told Vanguard that the Council is reviewing the list of candidates sent to it by the Federal Judicial Service Commission,FJSC, last year.
“I can confirm to you that we are at shortlisting stage now. The shortlisted candidate would be interviewed at NJC before final recommendation to Mr President. The process would be concluded in about two to three weeks,” the source said.
Another source at the NJC told Vanguard that before now, NJC rarely tinkers with the list that came from the Federal Judicial Service Commission.
“But things have since changed. For appointment of judges and chief judges of high courts, NJC now does a fresh interview from the pool where FJSC picks its shortlisted candidate to ensure that the most competent hands are recommended for appointment.
“This is because it was discovered that the FJSC mostly uploads the names of candidates on the preferred list even when better candidates are on the reserve list. The discovery was done during interviews of some of the candidates on the preferred list. The NJC had at one time or the other rejected candidates on the preferred list on grounds of merit while those on reserved list were recommended for appointment.
“What the NJC does now is to give equal opportunities to all the candidates before recommending names of successful candidates to the chief executive for appointment into the bench,” the source added.
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It is, however, not immediately clear if the NJC would restrict itself to the names contained in the one-year-old FJSC short list produced by the administration of Justice Ibrahim Tanko Muhammad for more reasons than one.
The Vanguard source who though did not confirm if NJC would go outside the FJSC list however explained that the new Chief Justice, Ariwoola is aware that there has been a persistent and mounting clamour by stakeholders that the composition of the Supreme Court should be allowed to enjoy sound legal minds from private practice and academia to improve the quality of the court’s judgments which some pundits felt has gone down.
Besides, the source reminded Vanguardthatexisting FJSC short list did not accommodate the North East where the immediate past Chief Justice of Nigeria, Justice Tanko Muhammad who resigned his appointment, hailed from.
It will be recalled that for the resignation of Justice Tanko, he was billed to remain on the Supreme Court bench till December 31, 2023 when he would have clocked the mandatory retirement age of 70.
But his premature resignation has left another vacancy for competent candidates from the North East region of the country.
READ ALSO: Court Orders FG To Immediately Review Salaries Of Judicial Officers
On-going efforts to fill available vacancies at the Supreme Court
Vanguard reports that before the Chief Justice Tanko Muhammad resigned his position on June 27, 2022, the process of appointing justices into the Supreme Court had commenced and was already in top gear.
Recall that Chief Justice Muhammad (as he then was) had on January 19, 2022 requested stakeholders including the NBA to nominate suitable candidates for the said positions.
He had promised the NBA that only six suitably qualified lawyers would be selected from a pool of applicants from five of the country’s geopolitical zones.
Following this, the NBA had nominated 23 lawyers, including seven Senior Advocates of Nigeria,SANs, and two women, for the job.
The CJN’s proposal responded to years of pressure by stakeholders, particularly the Body of Senior Advocates of Nigeria,BOSAN, for its members and distinguished academics to be appointed to the topmost echelon of the nation’s judiciary.
The proposal was not implemented by successive CJNs since the tenure of Justice Muhammadu Uwais who served between 1995 and 2006.
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Justice Tanko had released a provisional list of candidates for consideration for the top job of Associate Justice of the Supreme Court.
The list which was sent to the Nigerian Bar Association for scrutiny contained 29 Justices of the Court of Appeal from five geopolitical zones.
None of the senior lawyers including seven SANs, that applied for the vacancies at the apex court was on the list.
Vanguard recalls that previous efforts to bring in some SANs to the apex bench in 2017 also failed during the tenure of Chief Justice Walter Onnoghen.
The former NBA President A. Mahmoud, had in a letter sent to the e-mails of all registered lawyers invited applications from suitably qualified legal practitioners to be appointed to the Supreme Court as provided for in Section 231(3) of the Constitution of the Federal Republic of Nigeria (as amended).
The process was on-going when Justice Onnoghen was thrown out of the bench with an exparte order from the Code of Conduct Tribunal.
READ ALSO: B-Z-A-R-R-E! Acting CJN, Ariwoola, Reportedly Started School Aged One
Judges shortlisted by FJSC for appointment into the Supreme Court bench
The one-year-old FJSC document before the NJC presently for the recommendation of competent candidates to fill the existing vacancies on the Supreme Court’s maximum 21-man bench includes five jurists each from the North-Central, North-West, South-South and South-West, while the South-East has a nine-man jurist team.
The candidates, all justices of the Court of Appeal, who made the list from the North Central zone are Justices Jummai Sankey, Stephen Adah, Sa’idu Hussain, Ridwan Abdullahi and Mohammed Idris, while the Justices of the Court of Appeal, who made the list from the North West Zone are Justices Ali Gumel, Tani Hassan, Mohammed Shuaibu, Jamilu Tukur and Balkisu Aliyu.
Also, the candidates, all justices of the Court of Appeal, who made the list from the South East are Justices Uzoamaka Ndukwe-Anyanwu, Chidiebere Uwa, Chioma Nwosu-Iheme, Theresa Orji-Abadua, Obande Ogbuinya, Uchechukwu Onyemenam, Onyekachi Otisi, Ugochukwu Ogakwu, and Kenneth Amadi, while the justices of the Court of Appeal, who made the list from the South South are Justices Moore Adumein, Biobele Georgewill, Frederick Oho, Dr Abimbola Obaseki-Adejumo, and Ebiowei Tobi.
The justices of the Court of Appeal from the South West that made the FJSC list are Justices Oyebisi Omoleye, Tunde Omotoye, Habeeb Abiru, Peter Ige and Joseph Oyewole.
The calculation at the time was that apart from the Southeast which was billed to get two out of available six slots then, other zones were billed to get one slot each on the apex court bench.
The mantle of leadership had since changed but what is left to seen is how the new leadership of the court and Chairman of both the FJSC and the NJC, Justice Ariwoola would fill the available vacancies at the Supreme Court.
The constitution allows appointment of qualified persons into the bench and not mere promotion of Justices of the Court of Appeal to the Supreme Court bench.
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Recall that top lawyers had protested the FJSC short list on the account that it did not have any name of sound lawyers and academics who showed interest in the bench.
For instance, a Professor of Public Law, Prof Akinseye George, SAN, had said shortly after the FJSC list came out: “From all indications, it appears that for now, the Supreme Court does not want to open its doors for non-justices of the Court of Appeal. If you are not at the Court of Appeal, they don’t want you there. That is the impression that I get, he said, adding that the list however cognized federal character.
A respected member of the inner bar, Chief Benbella Anachebe, SAN, said the Supreme Court should align with the constitutional provision for federal character. In doing so, it should be reminded to pick quality best brains from each of the zones even if they will not pick the most senior justices of the lower court.
Another prominent member of the inner bar, Chief Mike Ahamba, SAN, said he was also in support of merit as yardstick to appoint justices into the Supreme Court but that he would not give any opinion contrary to the constitutional provisions.
The pioneer Attorney-General and Commissioner for Justice of Osun State, Asiwaju Gboyega Awomolo, SAN, in his own view said “we have been agitating, urging that the appointment into the Supreme Court should not be restricted to justices of the Court of Appeal and that other qualified Nigerians in the academia and private legal practice be considered.
“Unfortunately, in the current exercise going on, Justice Tanko administration restricted the recommendation again to justices at the Court of Appeal. Appointment into the Supreme Court now depends on the CJN who is the chairman of the NJC and the general thinking of the members of the NJC.
“However, I really do not want to bother myself with the number of justices from each region. I want the appointment of the Supreme Court to be simply on merit.
“Emphasising character will amount to compromising standard and that has been the major complaint of the NBA: when you start looking for federal character compliance, you are more or less compromising the principle of meritocracy,” he said.
But another top lawyer who does not want his name in print said that the present situation at the apex bench requires emergency situation.
He said pending the time the Supreme Court would sort itself out regarding the proper persons to appoint into the apex bench, he said the following measures must be taken urgently:
a) Amicus Curia role and officers should be introduced and standardized in the Supreme Court. An Advocate General Office should be set up to manage, consider, and participate in all public and constitutional law litigation.
b) Standards of legal assistants employment should be re-assessed. There should be evidence of a strong research capacity with a minimum number of publications spread across reputable journals in constitutional law, public law, business law and international law. “I agree that in our federal system, the Supreme Court must reflect federal character so that all Nigerians will have a sense of representation in the court. However, federal character must be applied along with the principle of meritocracy.
VANGUARD
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Headline
Trump Orders Inquiry Into ‘Conspiracy’ To Hide Biden’s Health Decline
Published
7 hours agoon
June 5, 2025By
Editor
US President Donald Trump on Wednesday ordered an investigation into what Republicans claim was a “conspiracy” to cover up Joe Biden’s declining cognitive health during his time in the White House.
The move, which was slammed by Biden, is the latest in a long-running campaign by Trump — with the backing of Republican Party politicians and their cheerleaders in the conservative media — to discredit his predecessor.
But it also comes as a growing chorus of Democrats begin to acknowledge the former president appeared to have been slipping in recent years.
Those concerns were thrown into stark relief by a disastrous debate performance against Trump during last year’s presidential campaign, in which the then-81-year-old stumbled over his words and repeatedly lost his train of thought.
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“In recent months, it has become increasingly apparent that former President Biden’s aides abused the power of Presidential signatures through the use of an autopen to conceal Biden’s cognitive decline,” a presidential memorandum issued Wednesday reads.
“This conspiracy marks one of the most dangerous and concerning scandals in American history.
“The American public was purposefully shielded from discovering who wielded the executive power, all while Biden’s signature was deployed across thousands of documents to effect radical policy shifts.”
– ‘Ridiculous and false’ –
Biden vehemently denied the allegations.
“Let me be clear: I made the decisions during my presidency. I made the decisions about the pardons, executive orders, legislation, and proclamations,” he said in a statement shared with AFP.
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“Any suggestion that I didn’t is ridiculous and false,” he said, slamming the ordered probe as “nothing more than a distraction by Donald Trump and Congressional Republicans who are working to push disastrous legislation.”
Republicans have long claimed that Biden was suffering from intellectual decline even as the White House pressed ahead with major legislation and presidential decrees during his term.
They cite his infrequent public appearances, as well as his apparent unwillingness to sit for interviews as evidence of what they say was a man incapable of doing the demanding job of Commander-in-Chief of the United States.
They insist that those around him covered up his physical and cognitive decline, taking decisions on his behalf and using a device that could reproduce his signature to allow them to continue to run the country in his name.
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– ‘Autopen’ –
“The Counsel to the President, in consultation with the Attorney General and the head of any other relevant executive department or agency… shall investigate… whether certain individuals conspired to deceive the public about Biden’s mental state and unconstitutionally exercise the authorities and responsibilities of the President,” the document says.
The probe will also look at “the circumstances surrounding Biden’s supposed execution of numerous executive actions during his final years in office (including) the policy documents for which the autopen was used (and) who directed that the President’s signature be affixed.”
Biden’s calamitous debate performance ultimately sank his bid for reelection, with key Democratic Party figures soon calling for him to drop out of the race.
But it was only several weeks later, after unsuccessful attempts to quieten his critics, that he withdrew, anointing his vice-president Kamala Harris, who eventually lost to Trump.
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The Democratic Party is increasingly riven by squabbles about whether Biden could have been forced to step down earlier to give the party chance to find a more popular presidential candidate.
Biden’s former White House press secretary Karine Jean-Pierre on Wednesday criticized the in-fighting by the Democrats, calling it a “betrayal” of Biden and announcing her departure from the party as a result.
The fight has been given oxygen with the publication of a book by journalists Jake Tapper and Alex Thompson that claims the former president’s inner circle connived to keep him from public view because of his decline, which included forgetting familiar faces like Hollywood star and party stalwart George Clooney.
Trump’s claims of a cover-up were also boosted by news that Biden is suffering from an “aggressive” prostate cancer, with some voices on the right insisting — without evidence — the diagnosis must have been known some time ago to those close to the former president.
AFP
Headline
Nigerian Dies In Swiss Police Custody, Authorities Launch Probe
Published
8 hours agoon
June 5, 2025By
Editor
The Switzerland authorities said they have begun an investigation into the murder of Michael Ekemezie, who reportedly died in Lausanne on May 25 after some Swiss police officers pinned his head to the ground during a routine check.
According to the family, the 39-year-old Ekemezie from Mgbakwu, Awka North Local Government Area of Anambra State, reportedly collapsed and died at the police station less than an hour after being taken into custody.
The elder brother of the deceased, Henry Ekemezie, had in an interview with our correspondent on Monday, disclosed that his brother was chased by the police during a routine check, after he was caught up, handcuffed and pinned face-down, by an officer who used brutal force that proved fatal.
A viral video that circulated on X also showed the moment the deceased was pinned to the ground by a Swiss police officer, crying out in pain and shouting, “You’re hurting me.”
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As a result, the family of the deceased, through their counsel, Sir Ifeanyi Ejiofor, petitioned the Embassy of Switzerland in Nigeria and the Nigerian Diaspora Commission on May 30, 2025, demanding an investigation into his death.
The family lamented that since the incident took place, neither the Switzerland government or the Federal Government of Nigeria had reached out to the family.
However, in a reply dated June 4, 2025, the Swiss Embassy contacted the family of the deceased through their counsel, informing them that the competent prosecutor’s office has launched an investigation into the circumstances surrounding the death.
The reaction by the Switzerland embassy is coming after the report featured in the South-East Punch on Wednesday.
The letter dated June 4, 2025, and signed by the Chargé d’Affaires of Switzerland, Siamak Rouhani, was made available to newsmen on Wednesday,
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The letter read, “The Embassy of Switzerland acknowledges receipt of your letter dated 30 May, 2025.
“The Embassy would like to inform that the competent prosecutor’s office has launched an investigation into the death of a person of African origin on May 25, 2025, at a police station in Lausanne, Switzerland.
“The results of this investigation are pending. In accordance with the principle of separation of powers and of the protection of personal data, the Ministry of Foreign Affairs does not hold any information concerning ongoing cantonal proceedings and cannot interfere in them.
“The Ministry of Foreign Affairs, therefore, has no information concerning the circumstances of this tragic event. The deceased’s family and its agent – supported by the Embassy of the Federal Republic of Nigeria in Bern – can therefore interact directly with the competent cantonal authorities.”
However, in its reaction, the family of the deceased, through their legal counsel, Ifeanyi Ejiofor, acknowledged the response of the Swiss Embassy while reiterating with unwavering resolve a demand for a thorough, transparent, and expedited investigation.
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“On May 30, 2025, we submitted a formal petition to the Embassy of Switzerland in Nigeria, urging an immediate and transparent investigation into the tragic and deeply disturbing death of Mr Michael Ekemezie, a Nigerian citizen who lost his life after reportedly being brutalised by Swiss police officers in Lausanne, Switzerland, on May 25, 2025.
“Today, we acknowledge receipt of an official response dated June 4, 2025, signed by the Chargé d’Affaires, Mr Siamak Rouhani. In the correspondence, the Embassy confirmed that the competent cantonal prosecutor’s office has formally launched an investigation into the incident. However, invoking Switzerland’s strict data protection laws and constitutional principle of separation of powers, the embassy declined to disclose further details at this stage.
“While we take note of this official acknowledgement and the initiation of investigative proceedings, we remain deeply concerned about the lack of transparency and the continued silence surrounding the exact circumstances of Mr Ekemezie’s death. A young Nigerian life was lost, under suspicious and distressing conditions, while in the custody of a country that proudly upholds itself as a global advocate of human rights, justice, and the rule of law.
“This is not just a legal matter; it is a human tragedy. A mother grieves. A family mourns. A nation watches with bated breath.
“Justice must not be shielded behind bureaucratic procedures. It must not be delayed. And it must never be denied. We urge the Swiss government and all relevant authorities to fully cooperate with the government of Nigeria and the legal representatives of Mr Ekemezie’s family, and every diplomatic and legal channel must be pursued. The truth must be uncovered. Accountability must be served,” the family said in a statement.
Headline
Trump Bans Citizens Of Chad, Congo, 10 Others From Entering US
Published
8 hours agoon
June 5, 2025By
Editor
President Donald Trump has signed a new proclamation barring citizens from 12 countries from entering the United States, citing national security concerns.
The full travel ban affects nationals from Afghanistan, Myanmar, Chad, Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.
The restriction will take effect on June 9, 2025.
In addition to the full bans, the proclamation imposes partial restrictions on citizens of Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.
READ ALSO: Trump Says Putin ‘Playing With Fire’ In New Jab At Russian Leader
There are some exemptions, including athletes travelling for major sporting events, some Afghan nationals and dual nationals with citizenship in unaffected countries, according to the BBC.
Trump stated that the measure is intended to prevent individuals considered potential security risks from gaining entry into the US.
“We cannot have open migration from any country where we cannot safely and reliably vet and screen,” he said in a video message posted on X on Wednesday.
According to the White House, the countries facing the harshest restrictions were deemed to have a “large-scale presence of terrorists,” poor cooperation on visa-related security measures, and inadequate systems for verifying travelers’ identities.
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The administration also cited issues such as poor record-keeping of criminal histories and high visa overstay rates as contributing factors.
The new directive builds on Trump’s broader immigration crackdown initiated at the beginning of his second term.
On January 20, the president signed an executive order mandating stricter security checks for foreign nationals and instructing federal agencies to review which countries should face entry suspensions due to inadequate vetting procedures.
This move echoes Trump’s controversial travel ban during his first term, which initially targeted seven predominantly Muslim countries and was upheld by the US Supreme Court in 2018.
The ban was later repealed by President Joe Biden in 2021, who described it as “a stain on our national conscience.”
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