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Eulogies for Bulkachuwa, PCA on retirement
IT was eulogies for outgoing
President of the Court of
Appeal, Justice Zainab
Bulkachuwa last last week
Wednesday valedictory court
session held in her honour at
the Court of Appeal, Lagos
Division.
Bulkachuwa, retiring on her
attainment of the mandatory
age of 70 said in her remarks
that she would
“I will still be with my sisters
and brothers in the Supreme
Court, Court of Appeal and
high courts. I have mentored
so many young judicial
officers and upcoming lawyers
to carry on the legacies. I will
still be part of the judicial
system despite my
retirement,” she said.
Speaking behalf of the Body
of Senior Advocates, Chief
Wole Olanipekun SAN, said
Bulkachuwa deserves all the
accolade being showered on
her, having discharged her
duties as President of the
Court of Appeal.
He noted that it was the
judiciary that is gradually
losing its dignity and respect,
as unsavoury and
uncomplimentary remarks
about judicial officers are seen
on the social media on a daily
basis. Former Lagos State
Attorney-General, Adiniji
Kazeem, SAN, who spoke on
behalf of the President of the
Nigerian Bar Association,
Continued from page 26
the system, the better. This
will make our outgoing
Justices blend better with their
incoming colleagues, for better
justice administration.
Clearly, therefore, the
advantages of appointing
more Justices far outweigh the
reverse of it.
Lawal Pedro, SAN
Appointment of more justices
to have the full complement of
21 justices for the Supreme
Court is a constitutional
requirement. Therefore there
should be no debate about
this. I also do not see any
reason for propping or
pleading with the appropriate
authorities to exercise their
power under the constitution
for the benefit of the county as
a whole and litigants having
appeals in the court in
particular. I however have my
doubts if having full
complement of justices of the
Supreme Court will solves the
challenges facing the court
and litigants having cases in
EDITORIAL
Innocent Anaba
( Editor)
Ikechukwu Nnochiri
Henry Ojelu
Onozure Dania
Jane Ochewendoo
NBA, on the occasion, said
“My Lord’s looks and
appearance actually belie My
Lord’s age of almost70. It
surely must be the Grace of
God, above all, that keeps My
Lord, the PCA, looking so
ageless and young.
A detainee has right to bail (2)
Continues on page 27
considered before a court
grants bail pending trial
Shafiu vs The State 2002 4
NWLR (Pt 757) 265.
When a suspect will not
appear in court to face trial,
commit other crimes or has
record of previous
convictions bail will be
denied Girdhar vs R 1960 E.A.
320. When a suspect interfere
with investigation bail will be
denied James Danbaba vs The
State 2000 14 NWLR (Pt 687)
396. The fact that a suspect
has grievous charges against
him is not a ground to refuse
him bail James Danbaba vs
The State supra.
A suspect who has not been
tried and convicted by court
should be granted bail as a
matter of course Emeka Ani
vs The State 2001 FWLR (Pt
81) 1715. Bail will be refused
to an applicant who admitted
committing a crime or
investigation of his case was
still going on Suleman Adamu
the court. As there are many
appeals of 10years old and
above yet to be determined
not due to the fault of the
justices but the existing
structure and system. We
therefore need to start
thinking of restructuring the
judicial system in the country
by which each State will have
its Supreme Court and not all
natures or manners of cases
will come to the Supreme
Court for determination.
Quakers Norrison, SAN
vs C.O.P 2006 All FWLR (Pt
298) 1348. Prisoners charged
with high offences will not be
granted bail Re Nottingham
Corporation 1897 2 Q.B. 502.
Capital offences are not
bailable unless there are
compelling and constraining
circumstances COP vs Dr
Iruoma 1977 1MSLR 80.
Inordinate delay in
prosecuting a case is a ground
to grant bail pending trial COP
vs Dr Iruoma supra. An
applicant who has history of
past convictions and
committing other offences
while on bail will have his bail
revoked H.M. Postmaster vs
Whitehouse 1951 35 Cr. A.P.R
8
Ẇhen a prosecutor asks for
adjournment on the ground
that the facts are insufficient
to proceed against an accused
person means there is no case
against a suspect he is entitled
to bail COP vs Dr Iruoma
supra. When an applicant for
bail pending hearing
Quite frankly the
appointment of additional
justices for the apex court is
long overdue. The current
CJN recently stated that the
court is inundated with
appeals. I believe the full
complement of 21 justices as
prescribed by the Constitution
will ease the apex court of the
current burden. I commend
the President, who has also
expressed his desire for the
Vanguard, THURSDAY, FEBRUARY 27, 2020 — 27
S’Court: : SANs back Reps' call for more justices
•Norrison, SAN
“The life of Bulkachuwa,
PCA, reminds us all what the
Nigerian girl-child and indeed
woman can achieve with her
God-given intellect and
talents if given the chance and
opportunity. We more often
than not scoff at the idea that
•Odubela, SAN
•Adegboruwa, SAN
women are naturally gifted in
multi-tasking but before us
today is one illustrative
example of extremely
successful multi-tasking
woman who has graciously
and with great dexterity and
enormous success combined
her role as wife, mother,
grandmother, aunt and highachieving
career and
professional women.
“My Lord Bulkachuwa
arrived the Court of Appeal
Bench from a sustained and
illustrious judicial career that
interferes with the course of
justice bail will be denied A.
G. vs Duffy 1942 I.R. 529. It is
the duty of the prosecution
who opposed bail to provide
prima facie evidence that the
case against an accused
person will succeed The State
vs Lambert Onwu 1978
IMSLR 154.
Whatever stage application
for bail is made the health of
an applicant is a weighty
matter to be considered Chief
Olabode vs FRN 2010 5 NWLR
(Pt 1187) 254.
Bail will not be granted to an
applicant who has other cases
pending against him Michael
Patrick Philips 1948 32 Cr
APR 47. Bail must not be
refused for personal
vendetta, capricious reasons
or to force an accused person
to plead guilty Ugwumba
Elisha vs C.O.P 1974 4 E.C.
S.L.R 362. Difficulties
encountered by an applicant
is not a ground for granting
bail but is a ground to adopt
liberal approach Raghbir
need to appoint more
justices for the
Supreme Court.
However, Section 153
of the Constitution
which established
the National Judicial
Council, CJN, is
vested with the
power to recommend
suitably qualified
persons to the
President for
appointment as
judicial officers, who
in turn is
constitutionally
required to forward
such names to the
Senate for
confirmation. The intervention
by the House of
Representatives by asking the
President to appoint new
justices is not within the
purview of the President’s
powers as donated by the
Constitution but the NJC,
being the body empowered
constitutionally under Section
21 of the third schedule to
make recommendations to the
President for appointment of
judicial officers save this
power is
exercised
t h e
President
cannot.
John
Odubela,
SAN
I think
this is
very key,
necessary
a n d
urgent for
t h e
administration
of justice
in Nigeria
particularly
started with her appointment
as a Magistrate with the
Kaduna State Judiciary in
1980.
“My Lords, to raise an issue
that is of great concern to
lawyers generally and in
particular, lawyers and
litigants in the Lagos Division
of this court i.e. the need for
appointment of more Justices
of the Courts of Appeal. The
Justices of this Division in
particular have been greatly
overworked not just because
of the litigious nature of
Nigerians generally."
Lambon vs R 1933 E.A. 337.
Sections 27 and 332 of the
Nigeria Police Act allows
police officers to release on
bail those arrested for minor
offences. Under S. 332 (vii) of
the Police Act the second in
command in a police station
can release on bail a suspect
arrested without warrant.
Why it is the second in
command who grants a bail in
a police station and not the
head or any other person is
not clear. When police officer
releases on bail a suspect on
conditions and the suspect
fails to satisfy those
conditions the suspect is no
longer illegally detained Eda
vs COP 1980 1 NCR 14.
Political motivation is not a
ground to warrant an
applicant get bail Aiyegboyin
vs A.G. 1982 1 NCR 295.
There is nothing in Nigerian
law known as “holding
charge” a major reason for
keeping suspects in custody
pending being charged to
court Chief Pat Ewere vs COP
1993 6 NWLR (Pt 299) 333.
at the apex court. Recent
events and occurrences have
shown that our apex court is
over burdened with cases
particularly pre and post
election matters. The court is
over burdened with the level
of so many appeals which are
pending. I believe if we have
the full compliments of the
court it will help in getting
more panels that will dispose
some of these pending
appeals. It’s therefore
important that the necessary
arms of government and
bodies should take appropriate
steps towards ensuring that
we have full compliments of
the court.
Ebun-Olu Adegboruwa,
SAN
I urge the President to
urgent act upon the
recommendations of the
National Judicial Council by
confirming the names of
Justices recommended for
elevation to the Supreme
Court. The delay is affecting
the performances of the apex
court. “There is no reason
why, after so many months
upon the recommendation of
the NJC that the President has
not taken steps to act upon it,
by acting on it. I have noticed
that this attitude of the
Presidency is peculiar to the
judiciary as in other cases,
appointments are done with
alacrity. Beyond these
appointments however, is the
need to streamline the
workload of the Supreme
Court, to filter out some
causes, as the Supreme Court
should not be burdened with
some local issues that should
ordinarily end in the Court of
Appeal, especially criminal
matters and interlocutory
appeals.”