 Welcome back guys to the breakfast and plus TV Africa. We have first major conversation up next and let's quickly remind you that there have been several significant and landmark and even epoch judgments you know that were issued by various courts across the country that's Nigeria in the course of the year 2022 from judgments on contempt of court by high-profile persons to rulings on many cases of national importance. The year 2022 was eventful for the Nigerian judiciary. Now let's look at some of the outstanding or standout rather judgments and landmark cases. The first song we have here, INEC versus political parties. Well if you remember in March the Nigeria Supreme Court of Health the de-registration of 22 political parties by the independent National Lecture Commission that's INEC. Another one if you remember the de-vilumahi rather of governor of a boy's state was sacked from office as governor of a boy's state and this was one of the least suspected judgments by the courts. INEC, Milordia Justice, INEC of the Abuja Federal High Court on March 8 ordered the removal of de-vilumahi and his deputy Eric Kelechi-Igwe following the defection from the People's Democratic Party to the all-progressive Congress ruling party at the center. Another one is the case of Amici versus River State if you remember on May 27 the Supreme Court dispensed an appeal by Rotimi Amici former governor of River State and former minister of transportation seeking to stop probing to an alleged 96 billion dollar fraud although the River State government had preferred criminal charges against Amici after the Supreme Court verdict and the suit was withdrawn in October. Probably vindicated Amici in his case who said he you know had no case to answer. Another one is a case of hijab in schools. This was very very public you know case that was widely followed. In October 2014 if you remember go down memory lane a Ligas High Court ruled against the wearing of hijab in schools a decision that was overturned by an appellate court in July 2016. However a judgment on June 17 in the judgment on June 17, 2022, five of a seven-man panel of Supreme Court judges held that batting the use of hijab in Ligas schools schools in Ligas state is discriminatory and I'm sure you remember one of the lawyers who went to court in his a traditional outfit in protest of this. Well we have both significant you know and landmark judgments to mention but let's at this point welcome guests as we look at the significance of these judgments. Indeed a Meccaupara is a lawyer he joins us via phone in Ligas. Mr. Park good morning to you and thank you very much for your time. In a sentence or two can you give us your thoughts your summary of the performance of the judiciary, Nigeria's judiciary in the year 2022? Just like with every other aspect of the department of our government but I would score the judiciary slightly above the other department. It's some, it's win some and win some. Definitely everyone will not be satisfied with every of the judgments but there are some of the judgment I would say that the Supreme Court needs to take a look at even if in subsequent cases. Okay and Mecca let's also I mean have for the conversation we know that the say judiciary is a hope of the common man so in 2022 there are some judgment that were really outstanding and we have highlighted some of them which of this judgment would you say actually upheld that principle and phrase hope of a common man would you say is the judgment where INEC and political parties but the Supreme Court upheld that de-registration of 22 political parties by the independent National Electoral Commission amongst others felt to me the criteria of section 225 subsection A of the 1999 Constitution or the court Saki Numaia's governor or the Amateur and River State or the Hijap in schools or Pita and Wabuchi convicted us for which of them would you say upheld the principle or that statement that the judiciary is a hope of a common man? I think I would say INEC and the political parties that we are really a register on top. I believe that that particular judgment satisfied both the Constitution, the laws of the man and also the expectation of every reasonable and informed Nigerian. Definitely we know that it's not everyone that is reasonable and informed that every reasonable and informed person should know that that majority takes the top among all good judgments of the Supreme Court in the year 222 because it satisfied all the necessary criteria and it will satisfy also the yearning of the general public of a better democratic distanciation um the there are some judgments among them that I don't know if you permit me go ahead yes go ahead you you have you know the time go ahead yes I would think among them is the judge judgment one thing about the judgment is that it should be acceptable to the community it is intact then a non-muslimly aggressive but they should not come with the impression or rather it should not be done with the impression that something extra judicial we are taking into consideration in arriving at the judgment I would want to do that that the judgment doesn't seem to be a purely judicial judgment and it should be looked at again the judgment in I'm making a reverse case I will also satisfy I believe should rank among those that should end the top of stop for the Supreme Court the reason being that whoever occupied the public office should not be beyond probe or rather the government will not be beyond probe by any subsequent government the motive is immaterial if along the line certain unconstitutional methods are employed in probing him or her then the person can go to court but to go to court and obtain an injunction to present a look into his or her activities while in government should not be permitted and I think the Supreme Court throws up to that expectation in that judgment I'm they were my head I'm I guess the government come on they were my head I believe in my own group they should not be being the right thing because political if I may use that language is something that has been a band of our we saw our democratic dispossession since 1999 and when an elected official is elected on the platform of a political party it should be the reasonable thing and the honorable thing and the constitutional thing to decide if he decides that the political party is no longer good for him and when he takes the benefit that is meant for both himself and the political party to another political party we should not encourage it and the judiciary not be part of the college in it and I think the court mission itself is very clear on it so that judgment to my mind is unsatisfactory that is all I will say concerning some of our okay yeah interesting analysis from you when we look at the David Ryan case and the cases of other governors who you know crossed the carpet from one party political party to another and I mean you said the judiciary reform world though I think somewhere in there you said there's a room so for some improvement in in my case there were conflicting judgments by courts of equal jurisdiction at the same time and it was becoming confusing you know to know which one was which and which one should be obeyed this is sort of challenges that we noticed in the year 2022 as far as courts the courts were concerned in that are concerned in Nigeria what are your thoughts on this and what needs to be done to make sure that we don't have conflicting judgments on the same matter by courts of equal equal jurisdiction in 2023 conflicting judgment are something you one cannot copy away with so long as we have different parts of the same hierarchy the point that should be to appeal so when we go appeal and ultimately that's the cut of us or to the Supreme Court that particular program will only be there and that is a thing so if we have conflicting judgments simply because people have the the right to go to different courts of the same jurisdiction of the order of coordinate jurisdiction ultimately there will be a convergence on appeal which is set as to what particular judgment to be followed ultimately when you get to the the curve appeal of the Supreme Court that particular issue will no longer be there again because what's less delving to the issue of contempt now and also in 2022 there's several judgment about contempt if you follow vividly Bauer the EFCC chairman or boss if you like to say does a court judgment sentencing him to prison for contempt the IGP was also sentenced to prison for a series of contempt as well and the army chief sentenced to prison I like to share your thoughts on this issue of contempt and court judgment and you know what we should anticipate in 2023 because this issue is a very sensitive these are persons who should you know uphold the law respect the democratic tenets of every I mean of course of Nigeria at this point but you know all of this contempt three of them in 2022 what are your thoughts really first of all I will commend the judiciary and especially the judges and judges involved in those content decisions for displaying courage which is acceptable the thing is that when the judgment is given or an order of thought is made it ought to be obeyed and no one should however highly placed say somewhere and say I'm not going to obey me now or we would have more of this but the problem is making sure that we accept those content decisions and that is what the problem is usually the content procedure is that you serve personally you serve the content of comfort is that is the one that initiate the content proceeding you serve it personally on the person it is directed to but the problem here is that usually when official let's say the IG IG or the EUF chairman is involved in situations like that there are a cordon of lower official that prevent the server of the process from serving them personally so I think the judiciary needs to look at this and the the legislator legislator needs to look at it and really make some amendments to approach the animals to present such things on purpose because the effect is that such official accept decisions they accept have been proven to be contentors or their actions proven to be contentors of the court so that that way we need to really work on and that would give more courage to the judiciary doing to order the disobedience that is so prepared the disobedience court order that is so prepared in the society because most judges are very reluctant to use that particular tool because they know that ultimately it might be event and no court will want to make a or be a judgment that will ultimately be event so we need to work at the effectiveness of such judgment that is make sure that there is proper execution of judgments of the court and that of course being talked to issue of intimacy in this country anyway all right and talking about impurity let it sir let's look at so the cases that or one case that highlights this and we take your thoughts on how you know we can avoid something like this in 2023 and that's the case of the leader of the prescribed indigenous civil of biafra group namdi kind of who was set free by an appeal court he's been arraigned on terrorism charges you know and of course he's been there for some time the appeal court quashed you know the the charges on the 13th of october but as we speak he's still in court we know the federal government has appealed the judgment but some of your colleagues in the legal profession think that he should have been set free while the appeal was going on do you consider in this case an example of some of the what he just talked about and how can we overcome this this this issue of impurity in lack of disobedience to court judgments by government in 2023 that is a serious issue if i may say um it has become more worrisome in the past few years which are in the past seven years the issue of impurity it did not start with this particular administration that has become more present and we need to really have a serious look at it now at the namdi kind of case is a case that is so clear that the judicial ultimately has done its job up to the court of appeal and if you remember very well the federal government was saying that the decision lay with the court and the court has not made a decision and what we discover is that it is not quality and not the court and the important thing also the judiciary has to bear in mind is that the executive must turn it seriously with the politics in this case i had expected that by now the supreme court would short circuit the procedures in that appeal to it because i'm getting it or waiting for it to take place in the long line of taking would mean indirectly making a person who has not been convicted to serve a sentence that is the problem so the supreme court needs to seriously substitute whatever procedure on that case on here and decide this finally all right all right uh ameka up our thank you so much for your time i think i both agree that the last major case for the year 2033 would have would be 2022 rather would be uh uh the prosecution and um of uh don't you cook where and he was found guilty by court that was the biggest one that uh we're using to end the year i make up our thank you very much for your time it's a bit of great having you thank you and wish you a very christmas and happy new year in advance thanks i wish you all right you're right mess you out you afforded a chocolate when i said is what we used to end the year here with the dr cooper case i mean there's a way you know it's always been said you know in the local language way back it sounds so when i remember well on charcoal however that's the size of it this morning on fs major conversation we take a break and when we return for the second leg we'll be talking sports this morning with monday filmers all things being equal please stay with us