The phrase, “Judge not, that you be not judged. For with what judgment you judge, you will be judged…,” echoes profoundly in the context of Nigerian judicial accountability as quoted from Matthew 7:1-2.
During the first half of 1986, Nigeria's Supreme Court adjudicated two cases that significantly affected two prominent High Court judges. If these events were to unfold today, it is highly unlikely they would be processed in court, revealing a worrying decline in judicial ethics and accountability over the past four decades.
Judge Donald Ikomi, who oversaw the Armed Robbery and Firearms Tribunal in Bendel State, was charged with murder alongside his cook, Reuben Udoh, and another individual, Martins Ekezoka, in December 1985.
The case commenced on July 5, 1985, when Reuben Udoh stumbled upon the remains of Uanlie Agbede, the police orderly assigned to Judge Ikomi, on the premises of the judge’s residence. The remains were gruesomely mangled, and a subsequent autopsy confirmed the cause of death as "strangulation and excessive blood loss."
At that time, Ikomi was presiding over the court hearings of Kingsley Eweka, a member of Lawrence Anini's notorious robbery gang. The public failed to immediately recognize the disturbing correlation between the murder and the ongoing trial. Subsequently, in November of the same year, the military government under Ibrahim Babangida dismissed Justice Ikomi from his judicial role, citing a need to “uphold the dignity of the judiciary.”
The Attorney-General requested the High Court's permission to initiate a trial against Ikomi, resulting in the Supreme Court supporting this decision when it convened in May 1986.
After a ten-day trial, the Bendel State High Court acquitted Ikomi and his co- defendants on July 15, 1985. His daughter, Timeyin Baiyekusi, later disclosed that her father was framed by George Iyamu, a Deputy Superintendent of Police, to corrupt the judicial process during the trial of Kingsley Eweka.
Earlier, in January 1986, the Supreme Court, under Chief Justice Ayo Irikefe, annulled the conviction of Paul Anyebe, a High Court judge indicted for firearm possession. The Advisory Judicial Committee had removed Anyebe from office, but he was reinstated after the Supreme Court's ruling, later retiring honorably.
These events raised critical questions about judicial accountability amidst serious allegations against judges. Justice Ikomi's full exoneration restored his family's dignity, yet the emotional toll of the accusations significantly impacted his later life; he passed away on January 11, 1992, at the age of 56, presumably affected by the scandal.
Both Ikomi and Anyebe had solid reputations before their legal troubles and notably, no one argued that their positions shielded them from prosecution.
Recent developments have rekindled discussions on judicial accountability as the Code of Conduct Bureau (CCB) has started looking into asset declaration compliance by John Tsoho, the Chief Judge of the Federal High Court. Reports indicated that he allegedly failed to declare certain bank accounts, including those in foreign currencies.
In response, the President of the Nigerian Bar Association (NBA), Afam Osigwe, who is also a Senior Advocate of Nigeria (SAN), has contended that the CCB lacks the constitutional authority to investigate Tsoho.
Support for the NBA's claim came from three branches in Benue State, defending the notion of judicial immunity. They argued that only the National Judicial Council (NJC) could investigate or take disciplinary action against a judge. However, this assertion contradicts established legal precedence in Nigeria, showcasing how the law treats allegations against judges.
Three landmark cases over the past two decades have demystified issues surrounding judges' accountability in Nigeria. In 2002, the Supreme Court ruled that while governors enjoy certain immunities, law enforcement can still investigate them while in office, underscoring that claims of immunity do not impede investigative authority.
Another important ruling in 2012 clarified that a Chief Judge cannot be removed without the NJC's recommendation.
The third case in 2022 involved a Federal High Court judge, Hyeladzira Nganjiwa, where the court ruled that a judge could only be prosecuted based on an NJC decision, a contentious ruling given accusations of serious judicial misconduct.
The NBA’s recent appeal against the CCB's investigation evokes reminders of the controversial removal of Chief Justice Walter Onnoghen in 2019, which deviated significantly from judicial protocols and standards.
The 1999 Constitution of Nigeria mandates the CCB to manage complaints related to ethical breaches and empowers it to investigate such cases. The judicial Code of Conduct similarly requires judges to uphold constitutional integrity.
The role of a High Court judge is constitutionally significant and entails mandatory asset disclosures. Therefore, the argument that judges are exempt from CCB investigations underestimates the legal framework governing their conduct and is inherently flawed.
If the CCB's investigation reveals substantial infractions, it is imperative that findings are reported to the NJC for appropriate disciplinary actions, maintaining a balance between public interest and judicial integrity in Nigeria's evolving judicial landscape.
Chidi Anselm Odinkalu, a lawyer and lecturer, can be contacted for further discourse on these matters.
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