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You remember that less than 10 days I predicted how the current, embattled but ultimately doomed prosecution of the CJN at the CCT would pan out. Today the Court has adjourned again to 28th January 2019. And we are not even at Stage 1 of the trial yet. Let me tell you a story.
First thing first the Nigerian judicial system is imperfect. We have been shouting for a while. That's why I would find it hard to forgive the VP whom I had naively believed was a judicial reformist. Instead he joined them to shout fight against corruption with 0 substance.
The case below is completely fictional but is symptomatic of how cases are decided under current procedural laws in Nigeria. I am not sure any 1 case has suffered ALL the ills I will paint here but I am sure some have come close. This should be an eye opener. If I say so myself.
In 1985 Mr X bought a plot of land from Mr Y for N10. By the terms of their contract, the money was to be paid in two equal instalments. Mr X paid the first. But before the time to pay the 2nd instalment, Mr Y sold the same plot of land Mr Z for N25 and offered to refund Mr X.
Mr X said God forbid and filed an action in court against Mr Y seeking to restrain him from selling the land to Mr Z, and joined Mr Z against whom he sought an Order to restraining him from claiming ownership of the land. As you can see the case is about the land.
Pursuant to extant Nigerian procedural laws, Mr Z filed an application in that same 1985 challenging the court's jurisdiction to try the case for (insert the most flimsy excuse you can think of). In 1985 the Court delivered it's ruling and dismissed the objection. With cost.
Mr Z appealed the court's decision on the jurisdiction to the Court of Appeal. He also applied to the High Court to stay (suspend) it's proceedings on the ownership of the land until the Court of Appeal determines whether the High Court's ruling (on jurisdiction) was right.
In June 1986, the High Court delivered a ruling and dismissed the application for stay of proceedings as a time wasting exercise and adjourned the case for commencement of trial (on the issue of ownership of the land). The case was adjourned to October 1986 ie after vacation 😁
Mr Z then filed a similar application to the Court of Appeal seeking an Order to stay the proceedings of the High Court on the substantive issue of the ownership of the land until the Court of Appeal delivers it's judgment on the appeal against the jurisdiction question.
In Oct 1986 on the date fixed for trial Mr Z informed the trial court about the application pending at the Court of Appeal & asked the trial court to adjourn the proceedings until such a time as the Court of Appeal would have determined the application for stay of proceedings.
Before you think that Mr Z is mad just know that he knew what he was doing and in fact he relied on the case of Mohammed Olawunmi. At this stage they are now 3 stages.
1. The application for stay of proceedings
2. The appeal on jurisdiction
3. The substantive suit on the land.
1. The application for stay of proceedings
2. The appeal on jurisdiction
3. The substantive suit on the land.
The implication of this is that the case for which parties went to court had now been reduced to Stage 3. Regrettably this was just the beginning.
Faced with this case law which was binding on it, the High Court had no choice but to adjourn the trial sine die i.e. indefinitely, until such a time that the Court of Appeal would have determined the application for stay of proceedings. After which the trial will commence.
In 1988 which was the first time the case up at the Court of Appeal, the Court of Appeal said no they don't entertain applications for stay of proceedings. That they would rather just fix the appeal for hearing. Both parties agreed. And so they fixed June 1989 for hearing.
Meanwhile the application for stay of proceedings was still pending technically speaking as you people often say. And so the High Court was still bound to wait until it is decided. And wait the High Court did. It was now 4 years since the suit was filed. Trial had not commenced.
In case you are not yet bored, I regret to inform you that we are just starting. In the meantime, Mr Z had moved into the land, began and almost completed a building on the site. Mr Y had finished spending both the N5 paid to him by Mr X and the N25 paid to him by Mr Z.
In June 1989, the Court of Appeal did not sit and the appeal was adjourned to February 1990.
Now you have to pardon me I can't correctly tell this story without legal jargons and procedural gymnastics. They are essential to the story. Ask your lawyer friend to explain. 😏
Now you have to pardon me I can't correctly tell this story without legal jargons and procedural gymnastics. They are essential to the story. Ask your lawyer friend to explain. 😏
Being an appeal against an interlocutory ruling Mr Z was supposed to ask for leave first before filing an appeal, he didn't. And so Mr X in his Brief, challenged the competence of the appeal and asked the Court of Appeal to dismiss the appeal (he should have said strike it out).
What did Mr Z do? He filed a belated application for leave to appeal which Mr X objected to. And so in February 1990 when the case came up at the Court of Appeal, the argument was now whether the Court of Appeal should hear the objection first or application for leave.
The Court of Appeal Justices said they cannot come and kill themselves. And so they asked both parties to file written addresses on the issue of priority of the two applications. And they adjourned the appeal to November 1990.
If you laugh you are in contempt of court. 🤣🤣🤣
If you laugh you are in contempt of court. 🤣🤣🤣
Just to be clear where we are. The stages in the suit were now as follows:
1. Priority of pending applications before the Court of Appeal
2. Application for stay of proceedings
3. The appeal on jurisdiction
4. The substantive suit (which was the reason parties went yo court).
1. Priority of pending applications before the Court of Appeal
2. Application for stay of proceedings
3. The appeal on jurisdiction
4. The substantive suit (which was the reason parties went yo court).
In November 1990 the Court of Appeal heard parties' arguments on the priority of hearing pending applications and adjourned to December for ruling.
In December the Court ruled that they ought to hear the application for leave first relying on a case called Fashakin Foods.
In December the Court ruled that they ought to hear the application for leave first relying on a case called Fashakin Foods.
If I wanted to spin the story further, I would have said the Court ruled against Mr Z decided to hear the objection first, and he appealed to the Supreme Court. But I am already tired and that option would have added another layer to the story. When it's not #BanderSnatch
So where were whare?
In that same December 1990 the Court heard that application for leave to appeal and granted it. The Court then adjourned the appeal to October 1991 for hearing. October 1991 the Court did not sit, and the appeal was fixed by the Registrar to February 1992.
In that same December 1990 the Court heard that application for leave to appeal and granted it. The Court then adjourned the appeal to October 1991 for hearing. October 1991 the Court did not sit, and the appeal was fixed by the Registrar to February 1992.
In December 1991 Mr Y who had finished spending both the N5 and the N25 went to meet his ancestors and asked Mr X and Mr Z to continue to fight between themselves.
The first person to respond to this Tweet & correctly predict what happened in Court in Feb 1992 will get N3000 worth of airtime of the person's choice, or the money equivalent. No correct response after a while, I will continue. But if we get no response at all, story ends here.
In Feb 1992, counsel to Mr Y informed the court that Mr Y passed last December and he was waiting for instructions on the way forward. On that basis the Court of Appeal adjourned sine die to allow Mr Z file the necessary application to substitute Mr Y.
The next time the case came up was in October 1993 after Mr Z had filed an application to substitute Mr Y with Mr Y's son who was the Administrator of Mr Y's Estate. The Application was granted and the Court then directed all parties to refile their Briefs to reflect Mr Y's son.
More importantly for our purposes, the Court of Appeal adjourned the appeal to 12th April 1994 for hearing. That day a new counsel appeared for Mr Y's son and informed the Court that he had just been instructed to take over. He asked for adjournment. Granted. With cost of N500.
In November 1994 the Court of Appeal finally heard the appeal filed by Mr Z against decision of the High Court which dismissed the objection of Mr Z and adjourned the appeal to December 1994 for delivery of judgment.
In December 1994 the Court of Appeal dismissed the appeal filed by Mr Z and held that the High Court was right and that the objection was unmeritorious. The Court then remitted the case file to the High Court for trial.
And so in April 1995, exactly 10 years after Mr X brought proceedings against Mr Y and Mr Z; after series of procedural setbacks; and long after Mr Y's body had finished rotting, Mr X was called to the witness stand as PW1 and trial FINALLY commenced.
So what is the moral of this super story? The Judicial System in Nigeria is broken and needs fixing. They are haphazard efforts to fix it but nothing holistic and systematic. But is the arrest of judges by a tyrannical Govt and the one sided persecution the answer? Hell No!
So where were whare?
In that same December 1990 the Court heard that application for leave to appeal and granted it. The Court then adjourned the appeal to October 1991 for hearing. October 1991 the Court did not sit, and the appeal was fixed by the Registrar to February 1992.
In that same December 1990 the Court heard that application for leave to appeal and granted it. The Court then adjourned the appeal to October 1991 for hearing. October 1991 the Court did not sit, and the appeal was fixed by the Registrar to February 1992.
In December 1991 Mr Y who had finished spending both the N5 and the N25 went to meet his ancestors and asked Mr X and Mr Z to continue to fight between themselves.
The first person to respond to this Tweet & correctly predict what happened in Court in Feb 1992 will get N3000 worth of airtime of the person's choice, or the money equivalent. No correct response after a while, I will continue. But if we get no response at all, story ends here.
In Feb 1992, counsel to Mr Y informed the court that Mr Y passed last December and he was waiting for instructions on the way forward. On that basis the Court of Appeal adjourned sine die to allow Mr Z file the necessary application to substitute Mr Y.
The next time the case came up was in October 1993 after Mr Z had filed an application to substitute Mr Y with Mr Y's son who was the Administrator of Mr Y's Estate. The Application was granted and the Court then directed all parties to refile their Briefs to reflect Mr Y's son.
More importantly for our purposes, the Court of Appeal adjourned the appeal to 12th April 1994 for hearing. That day a new counsel appeared for Mr Y's son and informed the Court that he had just been instructed to take over. He asked for adjournment. Granted. With cost of N500.
In November 1994 the Court of Appeal finally heard the appeal filed by Mr Z against decision of the High Court which dismissed the objection of Mr Z and adjourned the appeal to December 1994 for delivery of judgment.
In December 1994 the Court of Appeal dismissed the appeal filed by Mr Z and held that the High Court was right and that the objection was unmeritorious. The Court then remitted the case file to the High Court for trial.
And so in April 1995, exactly 10 years after Mr X brought proceedings against Mr Y and Mr Z; after series of procedural setbacks; and long after Mr Y's body had finished rotting, Mr X was called to the witness stand as PW1 and trial FINALLY commenced.
So what is the moral of this super story? The Judicial System in Nigeria is broken and needs fixing. They are haphazard efforts to fix it but nothing holistic and systematic. But is the arrest of judges by a tyrannical Govt and the one sided persecution the answer? Hell No!
Someone won already. Sorry.
Now to the essence of this story. Are you suggesting that the Handlers of President didn't tell him that any attempt to remove the CJN through the courts between now and the elections would be met by (i) wide condemnation and (ii) these notorious procedural booby traps?
I haven't practiced law for up to 10 years but as this story reveals [and yes I have experienced almost all albeit in different facets in different cases] I have seen enough to predict the justice system in Nigeria. Are you saying the VP, AGF & the Prosecutor do not know these?
