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.”
28 — Vanguard, THURSDAY, FEBRUARY 27, 2020
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