BREAKING NEWS: 22 New Justices for the Appeal Court

The Chief Justice of Nigeria, Olukayode Ariwoola, has approved the appointment of 22 new Justices to the Court of Appeal, further strengthening the judiciary's capacity to handle a wide range of legal issues. 

The President of the Court of Appeal, Hon. Justice M.B Dongban-Mensem, submitted the list of 22 judges to the Federal Judicial Service Commission (FJSC) to fill vacancies resulting from the elevation and retirement of some justices. The approval came during the 92nd meeting of the FJSC on March 27, 2024, where 89 nominees were reviewed. Of these, 22 were recommended for transmission to the National Judicial Council (NJC) for further consideration.

Chief Justice Ariwoola, who also chairs the NJC, was involved in the nomination process, solidifying the selection of the new justices for the Court of Appeal.

Here is the complete list of the 22 new Justices approved for appointment to the Court of Appeal, along with their regions:

- NORTH-CENTRAL: 

Hon. Justice Polycarp Tema Kwahar – Benue; 

Hon. Justice Ruqayat Oremei Ayoola – Kogi; 

Hon. Justice Eneche Eleojo – Kogi; 

Hon. Justice Asma’u Akanbi-Yusuf – Kwara; 

Hon. Justice Abdullahi Muhammad Liman – Nasarawa;

Hon. Justice Abdu Dogo – FCT

- NORTH-EAST: 

Hon. Justice Fadawu Umaru – Borno

- NORTH-WEST: 

Hon. Justice Ishaq Mohammed Sani – Kaduna; 

Hon. Justice Zainab Bage Abubakar – Kebbi; 

Hon. Justice Abdulazeez M. Anka – Zamfara

- SOUTH-EAST: 

Hon. Justice Nnamdi Okwy Dimgba – Abia; 

Hon. Justice Victoria Toochukwu Nwoye – Anambra; 

Hon. Justice Henry Aja-Onu Njoku – Ebonyi; 

Hon. Justice Donatus Umezuoke Okorowo – Enugu; 

Hon. Justice Ngozika N. Okaisabor – Imo

- SOUTH-SOUTH: 

Hon. Justice Ntong Festus Ntong – Akwa Ibom; 

Hon. Justice Nehizena Idemudia Afolabi – Edo; 

Hon. Justice Eberechi Suzzette Nyesom-Wike – Rivers

- SOUTH-WEST: 

Hon. Justice Lateef Babajide Lawal-Akapo – Lagos; 

Hon. Justice Abiodun Azeem Akinyemi – Ogun; 

Hon. Justice Oyewumi Oyejoju Oyebiola – Oyo; 

Hon. Justice Bayo Ademola Taiwo – Oyo

These newly appointed Justices bring a wealth of experience and expertise to the Court of Appeal, the second highest court of the land in Nigeria and will certainly improve her ability to dispense justice in timely and effective fashion. 

BOBRISKY AND THE 'INJUSTICE' OF THAT 6-MONTH CUSTODIAL SENTENCE

I may not like the lifestyle that Okuneye Idris Olanrewaju, aka Bobrisky, a wealthy Lagos socialite notorious for his cross-dressing ways, has chosen, but it does not change the fact that I believe there was a miscarriage of justice against him in the critical aspects of his trial and sentencing for abuse and mutilation of Naira notes. In particular, I believe the guilty plea that nailed him left much to be desired in terms of practice and procedure relating to plea bargains, especially the benefits to the accused person enjoined under Nigerian law. 

I do not want to believe that his lawyers counseled or allowed him to enter a guilty plea without first sitting down with the prosecution to secure easier terms for him, ie, a plea bargain which in my opinion should not involve spending another moment in custody beyond what he had already spent between his arrest and trial. If however they did counsel or allow him to condemn himself gratuitously, all I can say out of professional courtesy is that they did not do well.

I once wrote: 'A plea of guilty must be a quid pro quo in which both the state and the accused person trade favours, with each getting something valuable in return. Typically, the pay-off is an open and shut (easy) case for the state and reduced charge or punishment for the accused. A plea bargain is not a lazy lawyer's cop-out from the rigours of a full trial or a 'generous' lawyer's gift to the state to obviate the rigours or costs of a full trial. So, a lawyer should not advise a client to enter a guilty plea in a criminal trial without ensuring that there is equal or greater benefit for his client, particularly in form of reduced or suspended sentencing.'

In the light of my foregoing argument, I have to ask, what was in this guilty plea for Bobrisky? What did he get in return for accepting an offer of a plea bargain from the state to drop his right to a full trial which, given his substantial means, social status and admittedly powerful network, could have ended in a stalemate sooner or later?

The dubious privilege of being Nigeria's poster boy for jail-time without option of a fine in Naira abuse cases?

I believe it to be the position of Nigerian law that a guilty plea should only be advised when it presents advantages for both the state and the accused, with the latter receiving a reduction in punishment. In the case of Bobrisky, who was given a 6-month custodial sentence for naira abuse, it is arguable that he was not advised of all choices available to him under the Administration of Criminal Justice Act (ACJA), 2015. 

Under Section 494 of the Act, a plea bargain is a collaborative process in criminal proceedings between the defense team and the prosecution to negotiate a mutually agreeable resolution of the case. This may involve the defendant pleading to a lesser offense than originally charged in the complaint or information, along with meeting other conditions set by the prosecution (including fines, community service, etc) in exchange for a reduced sentence compared to what would be imposed for the initial charge, subject to the Court's approval.

In other words, the ACJA grants the prosecution the authority to engage in plea bargaining with the defendant, provided the victim consents, either during or after the prosecution's evidence presentation but before the defense presents its evidence. This legal provision facilitates the expeditious delivery of justice and prevents the wastage of time and resources that a trial would entail.

Considering the nature of Bobrisky's offence in this instance, that is, spraying of the Naira, I do not doubt that if such a 'collaborative process' happened and he was offered all the options at his disposal in a plea bargain, it is more than likely that with proper legal advise and representation a more favorable outcome, like an option of fine or jail limited to time already served could potentially have been negotiated.

I am therefore irked by the decision to advise a guilty plea without securing equal or greater benefit for the client. This nagging irksomeness may be peculiar to me, but it does seem justified in the light of the sentence which the court was forced to impose having been confronted with a fait accompli in the form of a guilty plea simplicita - and with no other resort except the bared fangs of the law, no consent or bargain arrangement between parties and a discretion circumscribed by the mandate to act judicially and judiciously.

It would raise concerns about potential incompetence or professional malpractice that should concern all of us in the legal profession. This is because lawyers have a duty to protect their clients' rights and advocate for the best possible outcome every time. Failing to do so can negatively impact the client, and while I am not positive that this is the case in Bobrisky's case, I am concerned at the lack of evidence that it is not. It is therefore essential for lawyers to thoroughly analyze the evidence, the law, and their client's goals before recommending a guilty plea.

While not wielding Idris Okuneye's cross-dresser's lifestyle as a mitigating factor, I am forced to note that he suffers more than the average risk of sexual assault, or at least assaults on his dignity, in custody - even if it be from mere heckling and suggestive threats from other prisoners. The Correctional Services has admitted as much when it put out a press statement trying to reassure concerned Nigerians that they will go the extra mile to safeguard him from such assaults.

The ACJA is a paradigm shift from punishment as the main goal of criminal justice in Nigeria to restorative justice. It has essential features which direct all stakeholders to pay serious attention to the needs of the society, the victims of crime, vulnerable persons and human dignity in general. In fact, the overall tone of the Act puts human dignity in the fore, from the adoption of the word 'defendant' instead of 'accused', to its provision for humane treatment during arrest, to its numerous provisions for speedy trial, to suspended sentencing, community service, parole, compensation to victims of crime and so on. Sections 8(1), 314, 319, 460(1) and (2) and 468 of the Administration of Criminal Justice Act, 2015 and numerous others all indicate so.

So, when I look at how the ACJA's emphases has redirected the focus of criminal justice administration in the country and juxtapose same with the processes and outcomes in Bobrisky's case, I am left wondering who is more vulnerable in a male prison right now than Bobrisky, and whose human dignity, not to mention mental health, is more endangered at this moment and for the next 6 months than he. Morality aside, does an unsentimental examination of his case not raise the perennial question, HAS JUSTICE FAILED YET ANOTHER NIGERIAN?  

TINUBU’S STUDENTS LOAN ACT - A GOOD POLICY THAT CALLS FOR SENSE

On Wednesday April 3, 2024, President Bola Tinubu signed the Student Loans (Access to Higher Education) (Repeal and Re-enactment) Bill, 2024, into law. The Act addressed some shortcomings of the repealed Student Loan Act, 2023.

It establishes the Nigeria Education Loan Fund (NELFUND) to supervise, coordinate, administer, and monitor the management of student loans in Nigeria. The new Act separates the governance functions from the management operations of NELFUND, with a board of directors overseeing its operations and a management team responsible for day-to-day management and operations.

The Act also changes the eligibility criteria for applicants, removing the family income threshold and

guarantor requirement, and establishes a justice and fairness provision mandating the Board to ensure a minimum national spread of loans approved and disbursed in each financial year.

The new law is expected to improve the quality of education and increase access to education for millions of Nigerian youth population and children from disadvantaged social and economic backgrounds in the country. It is a significant step towards ensuring that no one is excluded from quality education and opportunity to build their future due to their economic circumstances.

Key Provisions:
~ Establishes the Nigeria Education Loan Fund (NELFUND) - This is a body that can manage student loans and ensure their proper disbursement and repayment.

~ Provides loans for qualified Nigerians - NELFUND will provide loans to qualified students to cover tuition fees, charges, and living expenses while they study at approved institutions.

~ Separates governance from management - A board of directors will oversee NELFUND, while a management team will handle day-to-day operations.

~ Creates a diversified fund pool - NELFUND will have a diversified pool of funds to ensure all qualified applicants can get loans.

~ Removes limitations on eligibility - Students from all income backgrounds can now apply for loans. Students won't need guarantors and won't be disqualified based on their parents' loan history.

~ Ensures fair distribution of loans - The Act mandates a minimum national spread of approved loans each year to ensure students from all regions get a fair chance.

~ Provides for loan forgiveness - The Act includes provisions for loan forgiveness in cases of death or circumstances beyond the borrower's control.

~ Repayment after NYSC - Loan repayment won't begin until two years after a student completes the National Youth Service Programme.

Key Significance:
The new Student Loans Act is a big step towards making tertiary education more accessible to many Nigerians previously excluded for financial reasons by:

~ Increased enrollment in tertiary institutions

~ Improved quality of education by allowing more qualified students to attend universities

~ Give young Nigerians a better chance to develop critical skills and contribute to national development

A word of caution: Beneficiaries must be prudent in borrowing under the Act to avoid post-graduation debt trap that hinder progress after school. In countries like the US, many struggle to repay student loans decades after graduation, with many too burdened to ever escape on their own. By being judicious in loan uptake under this Act, Nigerian beneficiaries can safeguard their future financial stability. A warning from the Bible is apt here: "If you find honey, eat only what you need; otherwise, you’ll get sick from excess and vomit." Proverbs 25:16

The Act has been praised by key stakeholders in education who believe strongly that it is a major win in Nigeria's educational sector reforms, with the potential to transform lives for many young Nigerians. They note that President Tinubu's signing of the Student Loans Act shows his administration's commitment to education and its belief that education is the key to fighting poverty.

©NewsMogul