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Deduction Of 10% Judgement Sums By Judges Illegal – Adamawa CJ Warns

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~ Warns of severe consequences

Adamawa State Chief Judge, Justice Nathan Musa has frowned at the illegal deduction of 10 percentage of judgement sums by area court judges, upper area court judges and magistrates in the state saying such practice is illegal.

In a letter dated July 5, signed by Christopher D. Mapeo, on behalf of the C.J, Musa said anyone found wanton in contravening the order will face severe sanctions.

“It has come to the notice of the Hon. Chief Judge of the Adamawa State Judiciary, Hon. Justice Nathan Musa that some area court judges, upper area court judges and magistrates deduct 10 percentage or lesser percentage on all judgement sums obtained in their courts including distribution of estate before them.

“This practice having been illegal, the Hon. Chief Judge has directed that henceforth such practice is to cease.

“All lower court judges/magistrates are advised to desist from such illegal act or disciplinary measures shall be taken against any judicial officer found wanton.

“The general public to take note and report such illegal practice to the office of the chief judge,” the statement said.

The dubious practice by magistrates and area court judges on judgement sums has lingered for a long ago making the practice the become the norm rather the exception to the chagrin of hapless victims.

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Judiciary

Shun Granting Interim Orders Without Procedure, Association Tells Magistrates

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Magistrates in Bauchi state have been tasked to shun from the practice of forum shopping and granting interim orders without regard to the laid down procedure, but exercise their discretionary powers judiciously and judicially in the overall interest of justice as against any parochial or political interests.

According to the Bauchi state Magistrates Association, “If in our own case litigants decided to submit their disputes to other non-conventional judicial system on their own volition the narrative could have obviously been different”

The state chairman of Magistrates Association of Nigeria (MAN), Abdulmumini Adamu ESQ at the association’s new year event 2023 held yesterday at command house Bauchi, described as unfortunately their experience was triggered by sheer discontent with the judicial system particularly as it affects magistrate courts.

He explained that not only litigants expressed their dismay but lawyers as well on the bizarre manner people are being sent to jail over matters that are purely civil or contractual in nature or even on frivolous claims.

The chairman therefore urged the magistrates to rise above board and live up to their responsibilities with a view to restore public confidence in the judiciary as the last hope of the common man.

“It is not possible for all magistrates to be elevated to the higher bench. However, I beckon on the judiciary to do the needful in improving our welfare within the meagre available resources vide Promotions and implementations of same with the accrued benefits timely because exercising our judicial powers are always tied to our respective grades”

“The Nigerian Bar Association has the core mandate to observe, uphold and ensure the observance of the rule of law. It is therefore incumbent upon N.B.A to rise to the occasion in creating awareness amongst the citizenry and Government on the rule of law which adherence to the same will metamorphose to good governance”.

To this end, he said, lawyers have the onerous tasks to depend on the sanctity of judiciary via the instrumentality of law, and commended their efforts, saying however more needed to be done in line with their professional calling.

He also appealed to their colleagues in the private practice to desist from writing unwarranted petitions against the magistrates and judges as well on matters that right of appeal or certiorari exist and can be utilized to checkmate the excesses of the trial court if any.

Chairman Adamu noted that the path taken by some lawyers in their dealing with magistrates is not only reprehensible but also inimical to justice delivery and administration, saying the situation is already delicate and posed a grave threat to magistrates in the state.

He called on the leadership of the Nigerian Bar Association Bauchi Branch and senior lawyers in the state to intervene and salvage the situation as vanguard of the judiciary.

He stated “I am proud to intimate this August gathering that the Governor has assented to the financial autonomy bill to guarantee the independence of the judiciary in the state. This singular gesture of His Excellency is worthy of commendation”.

“This law will, among other things, ensure that allocation meant to each arm of the State government on the Consolidated Statutory Revenue Fund is promptly paid into the designated account of each arm based on the appropriation of the State for each year. This is to accentuate and make sure that the judiciary is completely independent and autonomous”.

Adamu stressed the need for continuing legal education and others like workshops, seminars and conferences to the magistrates where topical legal issues would be discussed, and expressed on some factors militate against the effective functioning of the judiciary and by extension hampers justice delivery and administration.

In his paper presentation on Admissibility of Electronically Generated Evidence under the Evidence Act, 2011, Honestly. Justice A. R. Muhammad stated that Nigerian courts contended strenuously with how to treat electronically generated documents as this was essentially because of the old evidence Act that was now repealed.

He said judicial opinions over issues relating to admissibility of electronically generated evidence were sharply divided from from the lowest court to the highest court in the land.

In her remarks the chairman of the occasion, the chief judge Bauchi state and Chairman Judicial Service Commission Honourable Justice Rabi Talatu Umar, represented by Justice Mu’azu A. Abubakar , commended the leadership of Magistrates’ Association of Nigeria in the state for their hardworking, commitment and dedication.

Justice Rabi Talatu Umar, promised to deal with any judge found wanting in disrupting the sanity of the judicial system in the state.

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Judiciary

Speed Up Justice Delivery To Decongest Prisons – Bishop Mamza Urges Judiciary

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By Jessica John Bakari

The Catholic Bishop of Yola Diocese, Most Reverend Stephen Dami Mamza has stressed the need for the judiciary to speed up justice delivery to assist in decongesting correctional centers across the country.

The cleric made this known while presenting Christmas gifts to inmates of Jimeta Correctional centre saying it is unfair for a suspect to await trial  for more than five years.

A supposedly moment of celebration took a different dimension when the inmate narrate their pitiable ordeal as no one there escaped the pouring emotions of their situational stories, not even the Bishop.

He brought Christmas bounties for inmates of Jimeta Correctional center to celebrate the festive season as a sign of love which he often preached.

In Jimeta correctional center, currently, there are 422 open out, 121 convicted, and 301 awaiting trial. 

The number is above the capacity of the facility and the issue is a cause of concern to Bishop Mamza and the officials of the facility. 

The inmates are overwhelmed with excitement, a show of gratitude to Bishop Mamza and the Catholic Diocese of Yola. 

A visit to correctional centers during festive periods like this is a tradition for Bishop Mamza.

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Health

Gov Fintiri Swears In Acting President Customary Court Of Appeal

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By Muhammad B. Muhammad

Following the retirement of Justice Peter Wajilda, Governor Ahmadu Umaru Fintiri Wednesday swore into office Acting President Customary Court of Appeal Adamawa State, Justice James Audu Balami.

At the ceremony held in the Council Chambers, Government House, Yola, Governor Umaru Fintiri while congralating Justice Balami for his elevation, described his appointment as based on merit.

The Governor stressed that, since inception, his administration has kept the principles of separation of power by adhering to seniority in appointment of heads of courts in the state.

Governor Fintiri announced his readiness to write to National Judicial Service Commission (NJC) for Justice Balami’s confirmation among others in acting capacity.

The Governor charged Justice Balami to Bring fundamental changes in the judiciary, stressing that justice delayed is Justice denied and noted that his capability is not in doubt as someone who has gone through the system.

He reaffirmed his administration’s commitment to keep the support to Judiciary and however asked the citizenry to make Adamawa compete with committee of states in the country.

In his vote of thanks, Hon Justice James Audu Balami said he was overwhelmed and indepted to Governor Fintiri for his appointment and pledged to strickly adhere to the oath of office he subscribed to.

The oath of office and allegiance were administered on the new Acting President Customary Court of Appeal, Justice James Audu Balami by the Acting State Chief Judge, Justice Hafsat Abdurrahman.

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