The Initiative for Transparent Strategy and Good Leadership has called on the National Judicial Council (NJC) to take concrete action on judges being assigned to the Rivers State cases.
Specifically, the Initiative asked the Chief Judge of the Federal High Court to stop assigning political matters from Rivers State to judges who have received favours from Minister of Federal Capital Territory and former state governor, Nyesom Wike.
They cited the case of Justice James K. Omotosho, who received a property allocation from Nyesom Wike in 2019. This, it argues, creates suspicion and undermines the integrity of the judiciary.
According to the Rules of Professional Conduct for Judicial Officers, Section (10.1)(i) prohibits judges from accepting gifts, bequests, loans, or favours related to their judicial duties.
The NJC, established by the 1999 Constitution, is responsible for promoting legal professionalism and protecting the judiciary’s independence.
The President General of the group, Chizy Enyi Esq, while briefing journalists on Thursday, explained that acceptance of such gifts and other favour were the reasons why people are suspicious and read meanings into any matter connecting with the person who gave the gift, favour, and advantage to the judicial officers.
In total disobedience, the group said that Justice Omotosho on August 2019 and two others received allocation of properties at GRA Phase 8, Eliozu, Port Harcourt by the then Governor of Rivers State, Nyesom Wike as gift.
“Between October and November 2018, the same Justice Omotosho gave judgment against APC in Rivers State, which led to APC not fielding candidates in all the elections, including governorship in Rivers State and by August, 2019, he was allocated a property at GRA Phase 8. Is this compensation or what.
“The said plot 104 allocated to Justice Omotosho was originally owned by Hon. Odien Ajumogobia, SAN and was revoked by Wike without notice to the learned SAN.
“Assuming but not conceding, that Justice Omotosho bought that land, would a search report not show him that the land belonged to Odien Ajumogobia, SAN, but was revoked? As a judge, doesn’t he know the general principles of revocation, that it is always for public use, and why didn’t he reject the allocation of land that is supposed to be for public use? Too bad.”
Enyi explained that in their opinion, the matter on the appropriation law (budget) of Rivers State between the Rivers State House of Assembly & Anor. V. Rivers State Government & Ors may have also been affected because of the relationship that has been established between Wike and Justice Omotosho.
He said: “Before Lukman Fagbemi, SAN, filed a motion, withdrawing his counter affidavit, he had already filed a motion on notice challenging the jurisdiction of the Federal High Court to hear matters between the Rivers State Government and an agency of the state like the Rivers State House of Assembly.
“He also filed additional disposition challenging the jurisdiction of the court, on the ground, that since the subject matter is on appropriation law, the Federal High Court does not have jurisdiction to entertain the matter.
“It is part of the practice that to do substantial justice, the court will also consider two things, vis a vis; the court can suo moto raise issue of jurisdiction tell the lawyers before him to address him on jurisdiction and;
“The court can also rely on documents in the court file. Withdrawing the counter affidavit by Lukman Fagbemi, SAN did not remove the documents from the court files, and if not for a relationship, Hon Justice Omotosho would not have arrived at his conclusion.
“It is our candid submission that the National Judicial Council should, as a matter of urgency, direct the Chief Judge of the Federal High Court to stop assigning political matters arising from Rivers State to any judge of the Federal High Court who have been favoured by Wike. (Justice James K. Omotosho a case study.)
“As a non-governmental organisation, we are not comfortable with the way the public see some of the judgments from the judges. The judiciary, which is supposed to be the last hope of the common man, is now presumed to be the hope of the man who knows and has access to the judges. Too bad.”
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