Justice Katsina-Alu and Justice Ayo Salami Presented to the President of the Nigerian Bar Association, Joseph Bodunrin Daudu (SAN) on July 8, 2011 at the NBA National Secretariat, Abuja

Introduction

Establishment of the Committee

Pursuant to the resolution of the National Executive Committee of the Nigerian Bar Association at its meeting held in Awka, Anambra State on 17th February 2011, the President of the NBA set up a thirteen-member Committee in his letter of 21st February, 2011 sent to individual members of the Committee.

Membership of the Committee

•Mr J.B Daudu, SAN

The members of the Committee are as follows: Chief T.J.O. Okpoko, SAN – Chairman, Chief Idowu Sofola, SAN – Member, Chief Bandele Aiku, SAN – Member, Dr. S.S. Ameh, SAN – Member, Professor G.A. Olawoyin, SAN -Member, Mr. O. C.J. Okocha, SAN – (Declined), Mr. E.J.J. Toro, SAN – Member, Chief Assam Assam, SAN -Member, Mr. Marcus Yarkasuwa Saleh, SAN- Member, Mr. Obi Ulasi, SAN – Member, Mrs. Stella Ugboma – Member, Alhaji M.U. Ibrahim (Jam-Jam) – Member, Mr. Ebenezer Obeya – (Secretary).

Terms of Reference

The Terms of Reference of Committee are as follows.

To investigate the following: (i) CJN/PCA face-off. (ii) Debilitating corruption eating into and corroding the entire judicial system. (iii) Legal Practitioners who promote corruption in a variety of ways in the system.

To liaise with other relevant committees working on the same issues in order to harmonize their efforts with a view to coming up with a uniform solution.

To do other things that are necessarily incidental to the work of the committee.

To submit its report to the President of the Nigerian Bar Association, NBA on or before Monday, the 30th of April, 2011.

Inauguration of the Committee

The Committee was formally inaugurated on Friday, 25th February 2011, by Mr. Joseph Bodunrin Daudu, SAN, the President of the Nigerian Bar Association who was represented by the 2nd Vice President, Mr. Osas J. Erhabor.

In his prepared address, the NBA President succinctly captured the reasons for the establishment of the Committee and urged its members to deal with the terms of reference with “liberty to deal with any matter ancillary or incidental” to the said terms of reference.  A copy of the NBA President’s address is attached to this Report for ease of reference as Annexure 1.

Meetings of the committee

The Inaugural Meeting

The inaugural meeting of the Committee took place immediately after its inauguration on Friday, 25th February, 2011.

The Chairman reported that O. C. J. Okocha, Esq., SAN contacted him to say that in view of his current membership of the NJC, he will be unable to serve in the Committee and that he had advised the NBA President accordingly.

The meeting considered the Committee’s Terms of Reference, a Proposed Press release, its work programme and broad modalities for the attainment of its objectives including working visits to some stakeholders.

Consequent upon the approval of the Press release at the meeting, the same was published on page 16 of This-day and page 39 of Daily Trust newspapers of 2nd March, 2011.

Photocopies of the said press release are attached to this Report as Annexure 2A & B, while a copy of the minutes of the inaugural meeting is also attached hereto as Annexure 3.

Meetings of 14th and 15th March, 2011.

The meeting of Monday, 14th March, 2011, commenced at about 3p.m. after the Committee’s meeting with the President of the Court of Appeal at the Court’s Headquarters in Abuja.

The meeting noted the lack of response from most of the agencies and individuals to which letters were sent with requests for meetings between the Committee and the respective agencies and individuals, including the EFCC, ICPC, IGP, Chief Judges of the FHC and FCT High Court. Letters were also said to have been sent to NBA branches.

Members noted the Committee’s visit to the President of the Court of Appeal and the discussions with him earlier in the day. A copy of the record of the meeting of the Committee with the President of the Court of Appeal is attached to this Report as Annexure 4.

The Committee’s Chairman informed the members of his meeting with the Chief Justice of Nigeria who promised to revert to the Committee for a meeting with him after due consultations with his friends.

The meeting proceeded to the consideration of memoranda/petitions sent to the Committee but had to suspend further deliberations following the confirmation of an appointment with the Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Adoke, SAN.

The Committee met with the Hon. AGF who was briefed about the assignment of the Committee. On his part, the Hon. AGF pledged his co-operation and promised to make available to the Committee any materials he may consider useful to the Committee in the discharge of its assignment. Members left the Federal Ministry of Justice after 6p.m. when the Committee adjourned its meeting to Tuesday, 15th March, 2011 at 9a.m.

The adjourned meeting continued with the consideration of memoranda/petitions as a result of which specific assignments were given to various members who were requested to submit their reports at the next meeting of the Committee. A copy of the minutes of the Committee’s meeting held on 14th and 15th March, 2011 is attached to this Report as Annexure 5.

Meetings of 22nd and 23rd March, 2011

The meeting was preceded by the Committee’s visit to the office of the Independent Corrupt Practices Commission (ICPC) where the Committee met with a team of the ICPC led by its Secretary who stood in for the Acting Chairman of ICPC. The record of the meeting at ICPC is incorporated in the minutes of the Committee’s meeting attached to this Report as Annexure 6.

Following the return of the members of the Committee to the NBA Secretariat after the ICPC meeting, the Committee dealt with matters arising from the minutes of its last meeting and itemized the issues to be considered at its adjourned meeting on Wednesday, 23rd March, 2011.

The adjourned meeting considered the papers prepared by members and revisited one of the petitions considered at an earlier meeting. This was followed by a review of some of the burning issues engaging the attention of the Committee before the meeting adjourned till 6th and 7th April, 2011.

Meetings of 6th and 7th April, 2011

The meeting began with the consideration and review of various documents including a petition, letters and certain newspaper clippings. The meeting noted with dismay the rather poor response by both members of the NBA and members of the public to its press release.

It was also informed that there had been no response from the CJN whereupon the Chairman and two other members of the Committee (Chief Bandele Aiku, SAN and Mr. Idowu Sofola, SAN) were mandated to see the CJN the following morning with a view to getting an appointment for the Committee to meet with him. Members were again given specific assignments to assist the Committee in its deliberations.

The meeting continued on Thursday, 7th April, 2011 with discussions of the petition of the Minna Branch of the NBA. This was followed by the report of the team which went to see the CJN.

The Committee also deliberated on a few other issues before the meeting was adjourned to 19th and 20th April, 2011. A copy of the minutes of the Committee’s meeting is attached to this Report as Annexure 7.

Meetings of 11th and 12th May, 2011

The earlier scheduled meeting of 19th and 20th April, 2011 could not hold because of the general elections that took place in the country during the period. Consequently, the meeting had to be re-scheduled for Wednesday, 11th and Thursday, 12th May, 2011.

The meeting commenced on 11th May, 2011 and the various papers prepared by members were exhaustively discussed and Committee took positions on many issues raised in so far as they are amongst those mandated by the NBA President’s instructions.

On the next day, 12th May, 2011 the meeting concluded and adjourned sine die for preparation of the final draft report for consideration of members. A copy of the minutes of the Committee’s said meeting is attached to this report as Annexure 8.

General background

The crisis between the Chief justice of nigeria (cjn) and the president of the court of appeal (pca)

The much publicized open crisis between the CJN and PCA has called into question, the reliability and integrity of the entire Nigerian Judicial system and the legal profession and raised grave doubts as to how much Nigerians can rely on the courts of law as the last hope of the common man.

To the extent that the crisis resulted in the President of the Court of Appeal – Hon. Justice Salami suing the Honourable Chief Justice of Nigeria, Hon. Justice Katsina-Alu at the Federal High Court, Abuja in Suit No. FHC/AB/CS/157/2011, a permanent record has now been created showing that all is not well within the Nigerian Judiciary.

The facts before the Committee show clearly that the crisis had its foundation in the election petition arising out of INEC’s conduct of election into the office of the Governor, Sokoto State held on 14th April, 2007.

A thorough appreciation of the course of litigations resulting from that election is therefore necessary for a correct and proper understanding of the background and the setting which blew open and exposed the shortcomings of the highest judicial authorities in the nation.

The Election Tribunal and Court Cases

In the election to the office of the Governor of Sokoto State in the election held on 14th April, 2007, the Peoples Democratic Party won and its candidate, Gov. Wamakko was returned Governor of Sokoto State by INEC and its staff who conducted the said election.

The Democratic Peoples Party (DPP) and its candidates Alh. Dingyadi who lost in the election, not being satisfied with the result of the election, filed an election petition at the Governorship and National Assembly Election Tribunal in Sokoto, questioning the election and the said return of Governor Wamakko on the grounds pleaded in paragraph 9 of the petition as follows:

Your Petitioner states that 1st Respondent. Aliyu Magatakarda Wamakko, was not validly returned as the person duly elected on the following grounds: –

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