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Vanguard, THURSDAY, NOVEMBER 24, 2022 — 25<br />
vicahiyoung@yahoo.com<br />
(08052202308)<br />
SANs disagree with Uwais, Babalola on<br />
use of retired judges for election cases<br />
Continues from Page 24<br />
in open court.<br />
“When this anomaly was<br />
investigated, it was<br />
discovered that the media<br />
accounts of the grant of the<br />
application were influenced<br />
by a media statement sent to<br />
several media houses before<br />
the actual delivery of the<br />
ruling in open court by one<br />
of the media assistants to one<br />
of the parties in the petition.<br />
Most curiously, the eventual<br />
decision of the tribunal, when<br />
it was eventually handed<br />
down by which it granted the<br />
application, tallied with the<br />
accounts reported by the<br />
newspapers a day before.<br />
“Having regard to the<br />
numerous, persistent, and<br />
disturbing accusations made<br />
against election tribunal<br />
judges by desperate<br />
politicians, the coincidence<br />
or otherwise of judgments<br />
which were predicted by<br />
politicians, who had made<br />
victory preparation in<br />
advance of the judgments,<br />
and the tempting pressure in<br />
a poor economy, is it proper<br />
for serving judges to handle<br />
political cases?<br />
“In any event, whether the<br />
“prediction” of politicians<br />
regarding the outcome of yet<br />
to be delivered judgments<br />
pans out or not, the integrity<br />
of the judiciary is always the<br />
ultimate loser. This is so for<br />
if the “prediction” is found<br />
to be correct, the losing side<br />
will forever point to the fact<br />
that the judgment had<br />
already been known well in<br />
advance of the delivery of<br />
same. If on the other hand<br />
the “prediction” is found to<br />
be false, then supporters of<br />
the losing side will also<br />
forever allege that some<br />
underhand dealings were<br />
responsible for the change in<br />
the judgment from what they<br />
had been told or assured to<br />
expect.<br />
“This heightened level of<br />
attention and criticism is<br />
bound to affect the psyche of<br />
some judges and rub off on<br />
their ability to discharge<br />
their duty. It exposes them in<br />
several instances to a<br />
situation in which their every<br />
conduct and pronouncement<br />
is expected to measure up not<br />
to the dictates of the law but<br />
to the high and often<br />
misguided and misplaced<br />
expectation of the public<br />
which in most cases is totally<br />
ignorant of the position of the<br />
law. “Judges being human<br />
beings and not infallible may<br />
sometimes unwittingly yield<br />
to some of these pressures<br />
and let themselves be<br />
influenced by totally<br />
irrelevant factors.<br />
Furthermore, serving judges<br />
are of course very much<br />
interested in career<br />
advancement,” Chief<br />
Babalola had argued,<br />
A prominent member of<br />
the inner bar, Mr. Samuel<br />
Okutepa, SAN, had also<br />
voted in favour of using<br />
retired judges to handle<br />
election petition cases.<br />
Notwithstanding the<br />
calibre of Nigerians<br />
clamouring for amendment<br />
of relevant sections of the<br />
1999 Constitution to exclude<br />
serving judges from<br />
handling election petition<br />
matters, there are also topflight<br />
legal practitioners who<br />
argued that it was better not<br />
to disturb the status quo,<br />
arguing that using retired<br />
judges would worsen the<br />
*AareAfe Babalola, SAN<br />
situation.<br />
Some of the top legal<br />
practitioners, who spoke on the<br />
issue are former President of<br />
the Nigerian Bar Association,<br />
NBA, Mr. OCJ Okocha, SAN,<br />
a member of the inner bar and<br />
renowned academic, Prof.<br />
Akinseye George, SAN, a<br />
prominent member of the<br />
inner bar and former lead<br />
counsel to Muhammadu<br />
Buhari, Chief Mike Ahamba,<br />
SAN, and an Abuja-based silk,<br />
Mr. Israel Olorundare, SAN.<br />
Okocha disagrees with<br />
Uwais, Babalola, others<br />
According to Okocha,<br />
“Even if retired judges are<br />
used, the integrity of the<br />
judiciary is still at stake. And<br />
then we all know that our<br />
judges retire from the high<br />
court at the age of 65 while<br />
they retire at the age of 70 from<br />
the Court of Appeal and the<br />
Supreme Court.<br />
“Knowing Nigeria for what<br />
it is with our medical facilities,<br />
and knowing the judges<br />
themselves with the conditions<br />
they find themselves when they<br />
retired, most of them are old<br />
and feeble.<br />
I do not think they are suited<br />
to do the rigorous work of the<br />
election tribunal.<br />
“Besides, election petition<br />
cases are time-bound. They<br />
have limited time to do their<br />
work so that the country can<br />
move forward. I don’t<br />
subscribe to the fact that<br />
retired justices should be<br />
brought back from retirement<br />
to sit on election petitions.<br />
“I am aware that the<br />
alternative they proposed<br />
when they were doing<br />
constitutional review was the<br />
creation of constitutional<br />
courts to hear only political<br />
matters such as election<br />
petition matter to determine<br />
who was properly and validly<br />
elected. It did not scale<br />
through.<br />
“I think proliferation of<br />
courts is not even a good thing.<br />
I believe that the regular<br />
judges, who have their<br />
reputation at stake should be<br />
allowed to do the job. They<br />
know that if they allow<br />
politicians to corrupt them,<br />
then, their image is already<br />
tarnished.<br />
“And let me say this:<br />
politicians like to raise all<br />
those issues: oh, it was a<br />
political judgment. It was a<br />
kangaroo court. But a fair<br />
conscience fears no<br />
accusation. Judges who<br />
constitute election petition<br />
tribunals and have done their<br />
work with truth and justice in<br />
mind, will not listen to all<br />
those frivolous allegations.<br />
They will do their job. And if<br />
they know there is one<br />
authority over them, the NJC,<br />
if they go and soil their hand<br />
and an allegation is booked<br />
against them, then, their<br />
whole career as a whole will<br />
be put in jeopardy. For all<br />
those reasons, the sitting<br />
judges should continue.<br />
“I know that this will affect<br />
their regular cases but that is<br />
the sacrifice lawyers and their<br />
clients will have to make. And<br />
it depends on how the judges<br />
schedule their work. They<br />
should schedule their work in<br />
such a way that even if they<br />
go for election petition which<br />
is time bound, they will be in<br />
a position to come back to<br />
finish or continue with the<br />
pending cases they have<br />
before their regular courts,”<br />
he submitted.<br />
3 reasons we should not<br />
fall into error of using retired<br />
judges —Prof George<br />
A renowned academic,<br />
Prof. George, SAN, said he<br />
disagreed with those<br />
canvassing for amendment of<br />
the constitution to exclude<br />
serving judges from handling<br />
election petition cases.<br />
He said: “Honestly, I do<br />
not think we should use<br />
retired judges to handle<br />
election petition matters for<br />
three reasons. One, retired<br />
judges are no longer legally<br />
contracted. They have<br />
concluded their tenure. That<br />
tenure is what gives them<br />
some form of extra<br />
allegiance to the state. The<br />
fear of being dismissed for<br />
misbehaviour is no longer<br />
there. And it is very important<br />
in a matter of election<br />
petition,<br />
“Two, most of the retired<br />
judges are old. None of them<br />
is less than 65 years. Most of<br />
them are 65 and above<br />
because at the high court, they<br />
retire compulsorily at 65. At<br />
the Appeal and Supreme<br />
Court, they retire<br />
compulsorily at 70. So,<br />
already, they are no longer<br />
dynamic. The election<br />
matters are very tasking,<br />
loaded and time-bound. It is<br />
energy sapping.<br />
Continue reading on<br />
Vanguardngr.com<br />
Bankers, others fume<br />
over poor pay,<br />
exploitations<br />
Stories by Victor<br />
Ahiuma-Young<br />
ANKERS and other<br />
Bworkers in the nation’s<br />
financial sector are<br />
not finding the working<br />
environment and conditions<br />
of service in the sector<br />
palatable and are taking<br />
the situation lightly.<br />
Under the aegis of the<br />
National Union of Banks,<br />
Insurance and Financial<br />
Employees, NUBIFIE,<br />
the workers are unhappy<br />
over their poor pay, exploitation<br />
and unfair labour<br />
practices their employers<br />
have been subjected.<br />
The workers who made<br />
their feelings known at<br />
the NUBIFIE’s National<br />
Executive Council, NEC,<br />
meeting in Abuja, contended<br />
that the matter is<br />
being made worse by the<br />
continuous subversion of<br />
workers’ right to collective<br />
bargaining through deliberate<br />
emasculation of Nigeria<br />
Employer’s Association<br />
of Banks, Insurance<br />
and Allied Institutions,<br />
NEABIAI, by employers<br />
in the banking and insurance<br />
sector, in clear<br />
breach of relevant labour<br />
laws and regulations, including<br />
International Labour<br />
Organisation, ILO<br />
conventions duly ratified<br />
by Nigeria.<br />
Vanguard captures the<br />
minds of the workers as<br />
presented by the President<br />
of NUBIFIE, Anthony<br />
Obakpa.<br />
According to Obakpa,<br />
members of the NEC at<br />
the meeting expressed<br />
disappointment over the<br />
poor rewards system in<br />
the sector that cannot be<br />
commensurate with their<br />
workload.<br />
He said after exhaustive<br />
deliberations, “the meeting<br />
came to the conclusion<br />
that workers in the finance<br />
industry, in particular<br />
banks and insurance<br />
companies have for long<br />
been subjected to strenuous<br />
work schedules and<br />
unwholesome expectation<br />
target demands by<br />
employers, with less commensurate<br />
rewards for<br />
workers.<br />
“The continuous subversion<br />
of workers’ right<br />
to collective bargaining<br />
through deliberate emasculation<br />
of Nigeria Employer’s<br />
Association of<br />
Banks, Insurance and<br />
Allied Institutions, NEA-<br />
BIAI, by its own members,<br />
namely, employers<br />
in the banking and insurance<br />
sector, in clear<br />
breach of relevant labour<br />
laws and regulations, including<br />
ILO conventions<br />
duly ratified by Nigeria.<br />
“Given the unilateral<br />
nature in the determination<br />
of worker’s conditions<br />
of service including<br />
disciplinary related matters,<br />
as well as the restrictions<br />
of fundamental<br />
rights to free expression<br />
and right of dissent at a<br />
workplace by employers,<br />
and for over a decade,<br />
efforts by the Union to get<br />
the attention of the government<br />
to remedy the<br />
situation were all futile,<br />
until now that the current<br />
government saw the urgency<br />
of the situation and<br />
had to convene stakeholders<br />
meeting comprising<br />
employers in<br />
both banks and insurance<br />
companies, including<br />
Central Bank of Nigeria,<br />
CBN, Nigeria Employers’<br />
Consultative Association<br />
NECA as well as the<br />
Outsourcing companies,<br />
among others.<br />
“The painstaking coordination<br />
of the stakeholders<br />
deliberations and providing<br />
appropriate guidance<br />
and guidelines as<br />
an impartial umpire all<br />
through the process of<br />
data gathering and subsequent<br />
reviews before<br />
the unanimous adoption<br />
of the final contents of the<br />
guidelines by the stakeholders.<br />
The Federal<br />
Ministry of Labour and<br />
Employment has been<br />
thorough and professional<br />
in this regard. Of specific<br />
mention here is Minister<br />
of Labour and Employment,<br />
Senator Chris<br />
Ngige whom our Union<br />
owes a debt of gratitude<br />
and appreciation for<br />
standing his ground in<br />
defense of workers in the<br />
banking and insurance<br />
sector.<br />
We cannot but mentioned<br />
the moral and<br />
technical support of the<br />
Congress, NLC, especially<br />
the constant intervention<br />
and personal commitment<br />
of the Congress<br />
President, Ayuba Wabba<br />
in ensuring the conclusion<br />
of the sectoral guidelines<br />
despite the associated<br />
challenges.<br />
“As a Union, we understand<br />
this sectoral guideline<br />
as a panacea for promotion<br />
of industrial peace<br />
and harmony in the banking<br />
and insurance sub<br />
sector, as its primary objectives<br />
is to create balance<br />
and equity in the<br />
reward system for all categories<br />
of workers, especially<br />
non permanent<br />
workforce, at workplace.<br />
The sectoral guidelines<br />
seek to fill the gap in the<br />
absence of Collective Bargaining<br />
mechanism,<br />
which is a right step towards<br />
compliance with<br />
relevant labour laws as<br />
well as ILO conventions<br />
on workers right to collective<br />
bargaining.<br />
“Union expects employers<br />
in the sector<br />
(whether as principal or<br />
agent) to embrace the<br />
sectoral guidelines with<br />
open mind as the whole<br />
document is centered on<br />
workers welfare and<br />
shared opportunities,<br />
which engender commitment,<br />
loyalty and enhanced<br />
productivity.<br />
As a Union, we expect<br />
collaboration and partnership<br />
from our employers<br />
in the seamless<br />
implementation of the<br />
sectoral guidelines. We<br />
are hopeful employers in<br />
the sector would not make<br />
the implementation of the<br />
guidelines problematic,<br />
in the interest of industrial<br />
peace and harmony.”<br />
ASCSN appoints Apebo Secretary-General<br />
THE Association of Se<br />
nior Civil Servants of<br />
Nigeria, ASCSN, has appointed<br />
Joshua Apebo as its<br />
Secretariat-General.<br />
Apebo, who is the Deputy<br />
Secretary-General, DSG, of<br />
the Association, will take over<br />
from January, 2023. He will<br />
take-over the incumbent Secretary-General,<br />
Alade Bashir<br />
–Lawal, whose tenure ends<br />
on December 31, 2022.<br />
President of ASCSN, Dr<br />
Tommy Okon, who gave this<br />
hint during the Association’s<br />
National Executive Council,<br />
NEC, meeting in Lagos,<br />
among others, informed that<br />
“a new substantive Secretary-<br />
General, in the person of<br />
Joshua Apebo, has been appointed<br />
effective, January<br />
2023, explaining that the tenure<br />
of the incumbent Secretary-General,<br />
Alade Bashir –<br />
Lawal, would end on December<br />
31, 2022, ending the oneyear<br />
contract given to him to<br />
•Joshua Apebo<br />
stabilize the Association after<br />
retirement.”<br />
Meanwhile, a statement by<br />
ASCSN’s President and the<br />
outgoing Secretary-General,<br />
among others, said “Apebo<br />
was the Deputy Secretary-<br />
General of the Association<br />
from 1st March, 2019 until<br />
his elevation to the post of<br />
Secretary-General. He joined<br />
the service of the Association<br />
of Senior Civil Servants of<br />
Nigeria on the 5th January,<br />
2001.<br />
“He has a Bachelor of Arts<br />
(BA) Degree in Public Administration<br />
in 1998 from the<br />
Ahmadu Bello University,<br />
Zaria and also Master of Science<br />
(MSc) Degree in Public<br />
Administration in 2007 from<br />
the University of Maiduguri,<br />
Maiduguri. He has attended<br />
series of Trade Union Courses,<br />
Seminars and Workshops<br />
which have impacted positively<br />
on his performance.<br />
Apebo has served the Association<br />
in Borno State, Adamawa<br />
State and Benue<br />
State. On the 1st May, 2014,<br />
Comrade Apebo was promoted<br />
to the post of Assistant Secretary-General<br />
and transferred<br />
to the National Headquarters<br />
of the Association in<br />
Lagos.”