For the justice sector in the country, the year 2020 was a novel one indeed also for governance and business activities in both Kwara State and Nigeria generally, no thanks to the novel corona virus pandemic. The sector was not isolated to the ravaging effect of the contagion bedeviling the country with far reaching but devastating consequences that has continued to reverberate negatively on the conduct and programmes of the law business in the country. In this piece, ACTING EDITOR, MUMINI ABDULKAREEM looks at some events and cases that defined the judiciary in Kwara and Nigeria in 2020.
Iliasu dragged to court over alleged N7m loan default
A former member of the Kwara State House of Assembly and ally of Governor Abdulrahman Abdulrazaq, Hon Ibrahim Iliasu was dragged to court by a commercial bank in the state over his refusal to repay a N7million loan he obtained in 2007.
Iliasu who is the coordinator of the AA group, a faction in the APC loyal to the Governor and whose son is the Commissioner for Works and Transport in Kwara State was alleged to have secured the said loan facility from the bank while he was serving as a member of the State Assembly representing Malete/Ipaye/Olooru constituency with an agreement to defray it with his monthly salaries that will accrue to him as a member of the House to be domiciled in an account with the bank. However, following the crisis that rocked his tenure which led to his subsequent suspension by the leadership of the House, his salaries and allowances were stopped.
Bello emerges Ilorin NBA chairman
Barrister Abdulganiyu Bello, a former secretary of the branch emerged the new chairman of the Ilorin branch of the Nigeria Bar Association (NBA) in the body’s election which was held electrically. According to chairman of NBA 2020 Electoral Committee, Bar Idowu Salihu who announced the result said Bello polled 98 votes to emerge winner ahead of his opponent, Abiodun Dada, who polled 74 votes. He succeeded Bar Muhammed Idowu Akande who was elected in 2018. Kwara Chief Judge, Justice Suleiman Durosinlohun Kawu performed his swearing-in ceremony together with other elected executives.
Adeyemo emerges National NBA Vice President
During the year, Chief Adeyemo Kazeem Debo emerged NBA Second Vice President with 8,794 votes during the NBA National Election that was conducted electronically making him to first Kwaran to hold such position.
Appeal Court sacks Kwara APC lawmaker, declares PDP candidate
The legal fireworks lasted over six months but at the end of the contentious litigation, the Peoples Democratic Party (PDP) candidate for the Kwara State House of Assembly election representing Ilorin South constituency was declared winner by the Court of Appeal sitting in Ilorin. According to the court’s pronouncement, Hon Jimoh Raheem Agboola was duly elected and nullified the election of the All Progressive Congress (APC) lawmaker, Hon Hassan Azeez Oluwanilo, thus ending months of anxiety. It ordered the Independent National Electoral Commission (INEC) to issue the PDP candidate with a Certificate of Return. The court based its decision on the disputed APC primaries which earlier produced Alhaji Suleiman Abdulsalam popularly known as Sule Cement as the party’s candidate in the election but was later replaced with 28-year-old Oluwanilo.
Company drags Kwara governor, others before Appellate Court over demolition
Asa Investments Limited, owned by the late Olusola Saraki and Alhaji Sanusi Baba-Eleku during the year filed a Motion on Notice before the Court of Appeal, Ilorin division requesting for an order for stay of execution against the ruling of the High Court of Kwara state delivered by Justice Abiodun Adebara on August 6, 2020, regarding the suit before the lower court on the disputed Ile Arugbo. The trial court had on August 6, 2020, delivered a ruling which vacated the interim injunction it had earlier granted in favour of the Asa Investment Limited to preserve Ile Arugbo and maintain the status quo pending the determination of the Motion on Notice for interlocutory injunction filed by the applicants. The applicants also sought an order of the appellate court staying proceedings in the suit on Ile Arugbo pending the hearing and determination of the appeal before it. The suit number KWS/463/2019 has since been adjourned for hearing after the trial judge refused to recused himself as demanded by the appellant.
Kwara gov swears in 5 new judges
Governor AbdulRahman AbdulRazaq sworn in five new judges for the Kwara State High Court, urging them to adhere strictly to their oath of office to be fair. The new judges are Funsho Dada Lawal, a former permanent secretary and solicitor general of the state ministry of justice; Olanipekun Sherifat Bola, a registrar at the Ilorin High Court of Justice; Hussein Toyin Kawu, a deputy registrar at the Akure Division of the Court of Appeal; Nureni Kuranga, a deputy chief registrar (Administration) at the state high court Ilorin; and Umar Zikki Jubril, a senior magistrate Grade II in the state.
Kwara governor renovates courts
The Kwara State Governor, Abdulrahman Abdulrazaq rebuilt and furnished area courts at Centre Igboro and the Magistrate Court at Sango and the re-roofing of the High Court complex.
Kwara constitutes 10-man judicial panel on End SARS protests
Governor Abdulrahman Abdulrazaq during the year constituted a 10-man judicial panel of investigation to look into complaints of police brutality in the state. The constitution of the panel was also mandated to investigate complaints of human rights abuses and extra-judicial killings by the End SARS protesters following a recommendation of the National Economic Council that each state should constitute a panel to receive and investigate complaints from the End SARS coalition. Retired Justice Tunde Garba was the chairman.
Kwara approves vacation for high court judges
The Kwara State government approved annual vacation for high court judges last year August 3, 2020, to Tuesday September 22, 2020. In a statement by the Chief Registrar of the state High Court, Mrs Ibijoke Olawoyin, the vacation is in compliance with the provisions of Order 9 Rule 4 (2) of the Kwara State High Court (civil procedure) Rules 2005. The statement also said that supporting staff members of the High Court Judges shall take their annual leave during the same period. “Their Lordships Justice IA Yusuf, Justice HA Saleeman and Justice AS Oyinloye were named as vacation Judges to hear and determine urgent civil and criminal cases during the period of the vacation.
Court penalised Kwara Chief for parading self King
The Kwara State High court penalised one Chief Sunday Ayantola for parading himself king of Ayedun, in Ekiti Local Government of the state. In a suit No: KWS/23C/2016, Ayatola was dragged to court by the state government, who is the complainant. As a means of punishment, the trial judge, Justice Taoheed Umar, sentenced Ayantola to one year non custodian imprisonment.
Court sentenced human part dealers caught with 11 skulls, 29 bones to 15, 10-yrs jail terms
For trading in human parts for money rituals, a High Court, sitting in Ilorin, the Kwara state capital has convicted one local herb seller (alagbo), herbalist/ritualist, student and four others. The offence was reportedly committed in March, 2017 in Ilorin. The convicts were found guilty of offences such as criminal conspiracy, being in possession of human part, such as 11 human skulls, 11 lower jaw bones, bunch of hair and 29 pieces of bones taken from various burial grounds in Ilorin, the state capital. In the judgment that lasted for over two hours, the Kwara State Chief Judge, Justice Durosinloun Kawu, described activities of the convicts as despicable and shameful and sentenced the first convict, Azeez Yakubu, to 15 years imprisonment with N100,000 fine each on three counts which he said would run concurrently. Other convicts, who include a middle-aged woman, Aishat Yinusa, Lukman Saka, AbdulGaniyu Bamidele, Ahmed Yahaya, Saliu Ayinde and Abdurasak Babamale, were sentenced to 10 years imprisonment with N100,000 fine each on two count charge that would run concurrently.
Court orders KWSG to reinstate sacked Civil Service commissioner
The National Industrial Court sitting in Akure, Ondo State nullified the sack of the one of the commissioners in the dissolved Kwara State Civil Service Commission, Alhaji Abdulsalam Opobiyi. The court, in a ruling held that the termination of the claimant’s appointment/purported removal from the office as Commissioner I is invalid, unconstitutional, null and void and did not follow the procedure prescribed by sections 199(1)(C) and 201(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended). The case numbered NICN/IL/13/2019 is between Opobiyi (claimant) and Governor Abdurahman Abdulrazaq, Commissioner for Justice, Speaker, Kwara State House of Assembly and the Civil Service as (Defendants). The judgment was delivered by Justice K.D Damulak while S.U Jabata and A.M Bello, DCL from the Minister of Justice appeared with S.M.H Kosemani for claimant and defendants respectively.
Court nullifies dissolution of KWSIEC by KWSG
The National Industrial Court sitting in Akure, Ondo State also nullified the dissolution of the Kwara State Independent Electoral Commission (KWSIEC). The court held that the dissolution was null and void adding that the claimant (KWSIEC) was removed from office for no disclosed reason. It said the action did not follow the procedure prescribed by section 201(1) of the 1999 constitution. According to the court, the statement “In the interest of the commission and public”, as contained in the (letter of its dissolution) is not contemplated under section 201(1) of the 1999 constitution (as amended). The judgment with suit no NICN/IL/11/2019 which was delivered September 29th, 2020 by Justice K.D. Damulak, is between Hon Jimoh Gabriel Yemi, a staff of KWSIEC (claimant) and Governor of Kwara State, Abdulrahman Abdulrazaq, Speaker, Engr Danladi Yakubu-Soliu and Kwara State Independent Electoral Commission as defendants. While O.J David stood for the claimant, A.B. Nuhu represented the Kwara State government.
Court sacks Ihedioha, Lyon
At the national level, there was the shocking sack of former Imo State governor, Emeka Ihedioha and Bayelsa State governor-elect David Lyon by the Supreme Court. The apex court declared Hope Uzodinma of the All Progressives Congress (APC) as the winner of the March 9, 2019 governorship election in the state. In the unanimous judgment of the seven-member panel, read by Justice Kudirat Kekere-Ekun, the apex court agreed that results in 388 polling units were unlawfully excluded during the collation of the final governorship election result in Imo State. Justice Kekere-Ekun said with the results from the 388 polling units added, Mr Uzodinma pulled a majority of the lawful votes and ought to have been declared the winner of the election by INEC. In the case of Lyon, a five-member panel of the apex court led by Justice Mary Odili nullified his election on the grounds that his deputy, Biobarakuma Degi-Eremienyo, presented false information to INEC in aid of his qualification for the November 16 governorship election in State. The apex court consequently ordered INEC to withdraw the certificate of return issued to Messrs Lyon and Degi-Eremienyo.
CAMA Law
On August 7, 2020, President Muhammadu Buhari assented into law, the Companies and Allied Matters (CAMA) bill into law. The new law introduced new provisions to reflect modern commercial realities as well as reduce compliance costs and regulatory hurdles for businesses in Nigeria. However, a lot of controversies trailed the passing of the bill. While some saw it as a welcome idea, others saw it as a move by the government to gag the church. The Christian Association of Nigeria, CAN, Pentecostal Fellowship of Nigeria, PFN, and other religious bodies which have traditionally promoted the principle of “separation of the Church and the State”, believe that it gives the government the power to manipulate the law against its core interests and values. Also, a prominent advocacy group, the Social and Economic Rights and Accountability Project, SERAP, asked the government to rescind assent to the law and send it back to the National Assembly to delete its “repressive” provisions. It threatened to sue if its requests are ignored.
CJN suspends court sitting
Following the restriction of movement imposed by the federal government to tackle the spread of Covid-19, the Chief Justice of the Nigeria, Justice Tanko Adamu Muhammad for the first time in the history of the judiciary issued a directive suspending all court sittings across the country. Matters that are urgent, essential or time-bound according to extant laws were however exempted. The initial two weeks directive was later renewed with instruction to all courts to abide by Covid-19 prevention measures.
Court holds Virtual proceedings
In keeping with COVID-19 social distancing directive by the CJN, the Lagos State Judiciary spearheaded the first-ever virtual court proceeding in the country. Led by the Chief Judge, Justice Kazeem Alogba, the state judiciary held its first virtual court sitting on May 4, 2020. Justice Mojisola Dada, a Lagos State Judge, delivered judgment in the criminal trial of the State against Olalekan Hammed. The proceedings began at 11 am and had a lot of judges and lawyers watching at different locations. Some judges who partook in the proceedings include Justice Oluwatoyin Ipaye, Justice Josephine Oyefeso, Justice Sherifat Solebo, Justice Afeez Dabiri. Other participants from the bar include the State’s Attorney General & Minister of Justice, Moyosore Onigbanjo (SAN), the prosecutor, Ms Titilayo Shitta-Bey, and some senior advocates like Funke Adekoya, Tayo Oyetibo, Olukayode Enitan amongst others.
Supreme Court nullifies Uzor Kalu’s conviction
Nigerians were shocked in May when the Supreme Court nullified the judgment of a lower court that convicted and sentenced former Abia State governor and member of the ruling party, Orji Uzor Kalu to 12 years imprisonment. The apex court, in an unanimous decision by a seven-man panel of Justices led by Justice Amina Augie, held that the Federal High Court in Lagos acted without jurisdiction when it convicted Kalu, his firm, Slok Nigeria Limited and former Director of Finance in Abia State, Jones Udeogu. It held that trial judge, Justice Mohammed Idris, was no longer a judge of the Federal High Court as at the time he sat and delivered the judgment that convicted the defendants for allegedly stealing about N7.1billion from Abia state treasury. The case is now fixed for February 15, 2021, for the commencement of the retrial.
Metuh’s conviction, reversal
After four years of fainting drama in court, former National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh was on February 25, 2020, sentenced to seven years in prison over allegation of receiving N400million from the office of the National Security Adviser (NSA) in 2014. On February 5, 2018, Metuh appeared in court on a stretcher after Justice Abang ruled that he would have his bail revoked if he didn’t show up for the continuation of his trial. Again on March 14, 2018, Metuh appeared in court on a wheelchair. On May 21, 2018, he collapsed while making his way to the dock for cross-examination. His conviction was, however, upturned this month by the Court of Appeal. A three-man panel of the Court of Appeal, in a unanimous judgment, held that Metuh and Destra’s trial before Justice Okon Abang of the Federal High Court was tainted with elements of bias and prejudice against the defendants. Justice Stephen Adah, who read the lead judgments in both appeals, said from the record of proceedings, it was evident that the judge portrayed himself as someone who had an axe to grind with the defendants and his team of lawyers. No new date has been fixed for the retrial.
Army General convicted for stealing
On June 16, 2020, a Special Army Court Martial, headed by the army’s chief of policy and plans, Lamidi Adeosun, found former General Officer Commanding (GOC) 8 Division Sokoto, Major General Hakeem Otiki, guilty of stealing public property, diverting operational money, engaging in private businesses and disobedience to service orders, The tribunal ordered that he should be demoted from major general to brigadier general and dismissed, he also came in a wheelchair, for the hearing of the army court-martial.
Akpata emerges NBA President
On July 30, Mr Olumide Akpata, emerged winner of the Nigerian Bar Association’s (NBA) national elections, after defeating two other contestants who are Senior Advocates of Nigeria (SANs). The win made him the NBA’s first non-SAN President in years. But it was not without crisis, from some Senior Advocates of Nigeria and the body of SANs, who felt the NBA president should only remain with the SANs. Akpata won the election with a total of 9,891 votes of the total 18,256 ballots cast, while his closest rival, Babatunde Ajibade (SAN) polled 4,328 votes and Dele Adesina (SAN) polled 3,982 votes. Akpata’s decision to contest for the position was initially met with mixed reactions. However, tweets and other posts seen across various social media platforms suggest that he has managed to meaningfully captivate/appeal to the conscience of the young lawyers who, interestingly, make up the majority of NBA membership.
NBA splits
The dis-invitation of Kaduna Governor, Nasir El-Rufai by the Nigeria Bar Association (NBA) as a speaker at its August annual general conference began messy as a splinter group, New Nigeria Bar Association (NNBA), emerged. Shortly after the controversial election of the new NBA leadership, the dis-invitation of El-Rufai, to the NBA conference as a guest speaker, sparked more crisis in the association. In less than a week after the announcement of its creation, one of the conveners of the New Nigeria Bar Association (NNBA), Abdulbasit Suleiman, claimed 5,000 lawyers had already subscribed to the membership of the NNBA. The matter was however settled with the intervention of stakeholders from the bar and bench.
Court orders return of Saraki properties
The Lagos Division of the Federal High Court ordered the return of two houses belonging to former Nigeria Senate President Bukola Saraki that were forfeited to the Nigerian government. The Federal High Court in Lagos in 2019, ordered the interim forfeiture of two properties located at Ilorin, Kwara State capital. Nigeria’s anti-graft agency the Economic and Financial Crimes Commission (EFCC) in an exparte application filed by its lawyer Nnaemeka Omewa alleged that they were acquired through proceeds of unlawful activities. The judge Rilwan Aikawa, in December 2019, granted an interim forfeiture of Saraki’s houses located at Plots No. 10 and No. 11 Abdulkadir Road, GRA, Ilorin, Kwara State, through an ex parte motion filed by the EFCC. Giving the order in June last year, Aikawa ruled that there is no sufficient basis in the EFCC application for the permanent forfeiture of Saraki’s houses. Saraki had resisted the forfeiture of his Ilorin houses on several occasions, saying the act was a witch hunt by the EFCC.
“The EFCC’s claim that the Ilorin property was built by any proceeds of fraud is outrightly false. One can only see that EFCC is playing politics and spreading falsehood in its cheap attempt to witch-hunt and intimidate a perceived enemy,” Saraki had said.
DPP becomes first civil servant SAN
During the year under review, the Kwara State Director of Public Prosecution (DPP), Barrister Mumini Adebimpe Jimoh made history as the first civil servant to be conferred with the prestigious award of Senior Advocate of Nigeria (SAN) in the state. The DPP, from Asa and two others, Akin Akintoye and Taiye Oladipo were the other two conferees who practiced and hailed from Kwara State respectively. Their announcement was made by the Legal Practitioners Privilege Committee (LPPC) which also conferred the title on seventy two lawyers across the country. Their swearing-in ceremony which was part of the activities marking the commencement of 2020/21 new legal year was performed by Justice Bode Rhodes-Vivour on behalf of the Chief Justice of Nigeria (CJN), Justice Ibrahim Muhammad who was absent.
