Africa Judges and Jurist Forum Wants CJN, PCA to Recuse from Cases Involving Nyesom Wike

Africa Judges and Jurist Forum (AJJF), on Sunday, November 3, 2024, declared that the recent actions by Nyesom Wike, Minister of the Federal Capital Territory (FCT), involving the forceful revocation of the Certificate of Occupancy (C of O) for the plots of land in the Katampe District, Abuja, belonging to Julius Berger and inviting the heads of Nigeria’s Supreme and Appeal Courts to supervise the subversion of the Law and due process are seriously troubling.

The AJJF in a statement endorsed by 17 international organisations and jurists, stressed that there is the need for the leadership of the judiciary in Nigeria to show that it is committed to a judicial system that is capable not only in delivering fair and just administration of justice, but even more importantly, ensuring that it is manifestly seen to be done, unimpeded by political or personal interests.

JJF noted that the unilateral action to seize land under private possession, repurpose it for a judges’ quarters, and orchestrate a ground-breaking ceremony with the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun and the President of the Court of Appeal of Nigeria, Justice Monica Dongban-Mensem in attendance, raises deep concerns for the rule of law, judicial independence and respect for due process in Nigeria.

It stressed that justice is a pillar upon which democracy rests thus, must not only be done but also be seen to be done, adding that by their actions, the FCT Minister, the Chief Justice and President of the Court of Appeal imperil both the institutional standing of the judiciary as a co-equal branch of government and the constitutional structure of government founded on the separation of powers.

The group therefore said that considering the travesty that has taken place, the Chief Justice of Nigeria and the President of the Court of Appeal, should publicly affirm recusal in both judicial and administrative capacity from any case involving Nyesom Wike, the FCT Minister in order to address public perception of bias.

AJJF also said that Nigeria’s Judiciary needs to publicly reaffirm commitment to the constitutional investment in the independence and impartiality of the third arm of government, stressing that the dignity and stability of government depends on justice and the appearance of its objective application.

Members of the Africa Judges and Jurist Forum that signed the statement included; Prof. Danwood M. Chirwa, Dean of Law, University of Cape Town, South Africa, Dr Eki Yemisi Omorogbe, United Kingdom, Gloria Mabeiam Ballason Esq, House of Justice, Nigeria, Abiodun Baiyewu Esq – Global Rights, Deus Valentine Rweyemamu, Centre for Strategic Litigation, Zanzibar- Tanzania, Silas Joseph Onu Esq -Open Bar Initiative, Arnold Tsunga, Tsunga Law International Harare-Zimbabwe, Citizens Governance Initiatives, Yaounde-Cameroon, Iheoma Obibi, Alliances for Africa, Eriya Nawenuwe, Alliance for Key Population Advocacy-AKPA, Uganda, Paul Kamara, Citizens’ Watch, Makeni- Sierra Leone, Martin Obono Esq TapNitiative,

Chinedu Orji Esq, Swords of Truth Advocate, Digicivic Initiative, Nigeria, Chepkorir F. Sambu, Advocate of the High Court of Kenya, Rachel Greenwood, Global Rights, and Nelson Olanipekun – The Gavel

The group particularly stressed the need for Nyesom Wike, FCT Minister to respect the independence of the Judiciary in the FCT and refrain from insinuating himself or his office into the work of judges or fostering the impression that he is invested in doing that.

Members of the AJJF noted that the Courts ought to and shall be a neutral venue where the judicial powers vested in the courts are fairly applied to all persons to ensure that democratic foundations upon which Nigeria’s legal and judicial system are built are insulated from threats as well as ensure that public trust in the Judiciary is restored.

The AJJF’s statement said, “The recent actions by the Federal Capital Territory Minister, Nyesome Wike, involving the forceful revocation of the Certificate of Occupancy (C of O) for the plots of land in the Katampe District, Abuja, belonging to Julius Berger and inviting the heads of Nigeria’s Appeal and Supreme Courts to supervise the subversion of the Law and due process is troubling.

“This unilateral action to seize land under private possession, repurpose it for a judges’ quarters, and orchestrate a ground-breaking ceremony with the Chief Justice of Nigeria, Justice Kudirat Kekere- Ekun and the President of the Court of Appeal of Nigeria, Justice Monica Dongban-Mensem in attendance raises deep concerns for the rule of law, judicial independence and respect for due process in Nigeria.

“The Constitution of Nigeria guarantees the right to property as does the African Charter on Human and Peoples’ Rights. Lawful interference with this right is regulated by law. The testimony of the FCT Minister as to the circumstances of the revocation of the title of Julius Berger to the land suggests arbitrariness and abuse of power.

“Litigation is foreseeable. The presence of the Chief Justice and President of the Court of Appeal at the confession by the Minister compromises the impartiality and integrity of the judicial branch.

“This potentially creates a conflict of interest and erodes public confidence in the court’s ability to operate independent of political or executive influence.

“The actions of the FCT Minister, the Chief Justice of Nigeria, and the President of the Court of Appeal, reveal a cavalier disregard of both the design of the Constitution and the cannons of the Judicial Code of Conduct.

The AJJF also said that there are disturbing reports that activists and senior legal professionals such as Dr. Sam Amadi, Professor Chidi Odinkalu, and Jibrin Okutepa, SAN, amongst others, who voiced concerns and publicly condemned the actions, are now facing pressure from the FCT Minister and his acolytes.

It said that the calculated targeting of critics is an attempt to silence dissent and demonstrates a troubling pattern of intimidation and manipulation aimed at stifling free speech and suppressing accountability.

AJJF further said that such actions stand in direct opposition to the principles of justice, transparency and democratic governance, adding that Nigeria’s Justice System must not be exploited as a tool for silencing legitimate criticism or shielding questionable practices.

According to the AJJF; “These actions set a dangerous precedent that must be addressed, as they compromise the ethical standards expected from public office holders and the sanctity of legal institutions.

“The Nigerian Constitution protects freedom of speech and expression under Section 39(1), which states: “Every Person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impact ideas and information without interference.”

“No government official should abuse their authority to undermine this right. In particular, we call attention to Principle 23 of the United Nations Basic Principles on the Role of Lawyers (1990), which provides:

“Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization,” it said.

Accordingly, the AJJF called on the Chief Justice of Nigeria as the Chair of the National Judicial Council, to commit to the highest standards of personal rectitude, stressing that, that is the only way to bring credibility to the urgent task of policing disciplinary control of erring judges.

AJJF also urged Nigeria to take urgent steps to bring itself in compliance with the UN Basic Principles on the Role of Lawyers, saying that activists and legal professionals must be protected from Intimidation.

AJJF also called on the Nigerian Bar Association to stand firm against attempts to stifle the voices of legal professionals who speak out against injustice, emphasizing that their commitment to the rule of law and public accountability should be supported by the Nigerian Bar whose core mandate is the promotion of rule of law.