On 24th April, 2020, various online news platforms published the outcome of the 91st Meeting of the National Judicial Council (NJC) held via online channel on 22nd – 23rd April, 2020 as released by the Director of Information, Soji Oye Esq.

Captivating among the resolutions of the NJC is the recommendation for the compulsory and immediate retirement of Hon. Justice Francis Chukwuma Abosi (Acting President, Customary Court of Appeal, Imo state) and Hon. Justice Aliyu Musa Liman of the Bauchi State High Court of Justice on grounds of age falsification and failure to deliver judgment in a matter for almost four (4) years respectively.

It was against the background of this weighty allegation and the resultant recommendation on the Imo State Judex that prompted Mr. Chike Okeke to write an article published on 25th April, 2020, by TheNigeriaLawyer via https://thenigerialawyer.com/now-that-justice-francis-abosi-has-been-recommended-for-retirement-what-happens-to-all-his-judgements-delivered-after-november-2015/.

In the said article, Mr. Okeke postulate as follows;

Couldn’t it be reasonably argued that, by law, the said jurist ceased to be a bench-man since November, 2015, whether or not he was on bench thereafter or not?;
If this question is answered in the affirmative, couldn’t it be also concluded that anything he must have done as a Judge from November, 2015, till date is a nullity? That is, every Ruling, Judgment, and generally, cases, handled by him can be questioned?
First, on the ground that if he is not a jurist of truth, it could only mean that Judgments or Rulings given by him must be questioned;
Secondly, that, since he is no judge by law as at November, 2015, everything done by him in his capacity as a judge is null and void.
In the final analysis, Mr. Okeke supported his position with the common principle of law that, “One cannot place something on nothing and expect it to stand”.

This write up is a rejoinder against the article of Mr. Okeke as the writer herein does not agree with the position and views as espoused by Mr. Okeke.

The reason for this divergence is premised on the fact that executive, legislative and judicial duties and functions benefits greatly in the doctrine of presumption of regularity, irrespective of whether or not the officer who discharged such duties and/or functions has the requisite legal power and authority to so act.

Part X of the Evidence Act, 2011 clearly bears the heading “PRESUMPTIONS AND ESTOPPEL”, which has twenty-four (24) sections on Presumptions and and six (6) sections on Estoppel.

Each of these sections are specific and elaborate attempt to statutorily regularize already executed public duties and functions of some public officers as discharged during the course of their duties, whether or not they possess such powers and authority or not.

In this wise, the position of Mr. Okeke as opined in his article cannot be substantiated in law because all actions of Hon. Justice Abosi executed since November, 2015 be it judicial proceedings, judgments, rulings, administrative etc are presumed and deemed to be regular, hence valid pursuant to Section 168(1-2) of the Evidence Act (supra).

Little wonder Section 173 of the Evidence Act (supra) provides that every judgment is conclusive proof against parties and their privies on any fact directly in issue as decided by the Court. Obviously, any of such party upon whom Hon. Justice Abosi has handed over unfavorable judgment within November, 2015 till date can only appeal such decision, rather than wallow in the wrong perception that the the decision is null and void ab initio.

Moreover, all judgments and rulings of Hon. Justice Abosi delivered since November, 2015 are not his personal or private properties. Rather, they are the public property of the Imo State Judiciary, which shall always be the proper custodian of any of these judgments and rulings or any other record whatsoever.

Consequently, such judgments and rulings of Hon. Justice Abosi can be validly produced and certified from the registry of Imo State Customary Court of Appeal and same will enjoy statutory presumption of regularity and validity pursuant to Sections 146(1-2) and 147 of the Evidence Act (supra).

Therefore, Mr. Okeke’s postulation of the common principle of law as encapsulated in the locus classicus case of Macfoy vs. U.A.C (1962) AC 158 per Lord Denning that “One cannot place something on nothing and expect it to stand” is not applicable to any surrounding duties and functions discharged by Hon. Justice Abosi since November, 2015 till date.

However, I agree totally with Mr. Okeke that this whole scenario is not good for our justice system as it has once again, created room for a common man to cast great doubt and aspersion against the NJC as regards how it scrutinizes and recommend judges for appointment, in the face of this kind of manipulative, corrupt and fraudulent activities by some of our ever cherished judicial officers.

But the good thing is that the NJC did not shy away from their statutory responsibility but stood to the occasion and took a decisive action as contained in their recommendation.

Abdulhameed M. Aiyu Esq.
Pp: Oli and Partners, Utako – Abuja., 07036114698
[email protected]

Culled from TheNigerialawyer