Lately, tongues have been wagging, particularly on the social media, over the decision by the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun to attend the foundation laying ceremony for the construction of a 40 housing units (owners-occupiers) for different categories of judicial officers in the Federal Capital Territory. In this report, Ise-Oluwa Ige gives background to the issue and surveys senior legal practitioners on the matter. They all gave a clean bill of health to the CJN and other heads of court who attended the event.
On October 21, 2024, the Chief Justice of Nigeria, Justice Kudirat Olatokunbo Motonmori Kekere-Ekun, flagged off the design and construction of an unprecedented N50 billion housing project for Justices of the Court of Appeal, Judges of the Federal High Court and Judges of the High Court of the Federal Capital Territory in Abuja.
The gigantic project, located in Katampe, a developing Phase 2 District of Abuja City renowned for its serene environment and breath-taking views, adjacent to Honourable Ministers’ Quarters in Mabushi, is on a 5.2 hectare-land, divided into three sections for three categories of judges in Abuja—Justices of the Court of Appeal, Judges of the Federal High Court and Judges of the High Court of the Federal Capital Territory.
The undeveloped land, formerly allocated to Julius Berger about 15 years ago before it was recently revoked, is designed to house 40 units of 5-bedroom duplexes, 40 units of 3-bedroom Boys Quarters, three event centres, three corner shops, three power generating plants, three security houses, playground in the three sections and their associated infrastructure of the property which include the internal road network, dedicated transformers, among others.
According to the Minister of the Federal Capital Territory, justices of the Court of Appeal will have 10 of the housing units; justices of the Federal high court will have another 10 of the housing units while the judges of the high court of the Federal Capital Territory will have the remaining 20 housing units.
By implication, one section of the project belonging to the Justices of the Court of Appeal will house ten units of 5-bedroom duplexes, ten units of 3-bedroom Boys Quarters, one event centre, one corner shops, one power generating plants, one security house, a playground with internal road network and a dedicated transformer while another section meant for the justices of the Federal high court will also be designed same way.
But the third section meant for the high court judges of the Federal Capital Territory will have 20 units of 5-bedroom duplexes, 20 units of 3-bedroom Boys Quarters, one event centre, one corner shop, one power generating plant, one security house, a playground with internal road network and a dedicated transformer.
The project, according to the Minister of the Federal Capital Territory, Barrister Nyesom Wike, was initiated by the administration of President Bola Ahmed Tinubu not only to enhance the welfare of judicial officers but also to shield the third arm of government from undue interference and compromise.
The number one judicial officer, in the country, Justice Kekere-Ekun, was invited by Barrister to flag off the construction of the housing units.
Other heads of courts including the President of the Court of Appeal, Justice Monica Dongban-Mensem, the Chief Judge of the Federal High Court, Justice John Tsoho, the Chief Judge of the High Court of the Federal Capital Territory, Justice Husseini Baba-Yusuf were physically present at the event which lasted one hour, twelve minutes and 32 seconds (1:12:32).
All of them took turn to commend the efforts of the administration of President Bola Tinubu to invest in the judiciary and enhance the welfare of judicial officers in the country in line with the visions of the founding fathers of the judiciary that judges should be properly housed in government-provided quarters to ensure the impartiality and the integrity of the judiciary.
However, not long after the event, a former Chairman of the National Human Rights Commission, academic and renowned columnist, Prof Chidi Odinkalu raised a red flag on the project through a post on his X-handle, querying the presence of the Chief Justice of Nigeria at the event and expressed concern about the intention of the executive to embark on such project for the judiciary on a land seized from a construction giant, Julius Berger.
Odinkalu who relied on Rule 2.8 of the Judicial Code of Conduct (2016) to raise eyebrows wrote: “A judge shall avoid developing excessively close relationship with frequent litigants—such as government ministers or their officials, municipal officials, police prosecutors in any court where the judge often sits, if such relationship could reasonably create an appearance of partiality.”
The tweet which had gone viral had elicited different reactions in the last one week from netizens who appeared divided on the issue.
Not done, on October 28, 2024, Prof Odinkalu also wrote an article on the same issue to explain why he felt the CJN should have distanced herself from the event alongside other heads of courts.
The article has also gone viral, generating controversy.
Vanguard spoke with many senior legal practitioners on the issue. They expressed their personal views on the tweet and the article by Prof Odinkalu, describing the conversation as unnecessary and a critique taken too far.
For instance, they argued that Wike, in the first place did not use his personal money to fund the project and that rather than vilify him, he should be commended.
According to a Professor of Public Law, Yemi Akinseye George, SAN, he said he disagreed with the view that the presence of the CJN at the event was a breach of Rule 2.8 of the Judicial Code of Conduct (2016).
Chief Justice Kekere Ekun did no wrong— Prof Yemi Akinseye George, SAN
His words: “I certainly don’t agree with those criticising the CJN on this. Independence of the judiciary is not a mechanical thing. If you say the CJN should not have attended, she would be failing in an aspect of her duty as the head of the judiciary. She needs to give her backing. She needs to give her support to that kind of project even though the project emanated from the executive. And such projects necessarily can come from the executive. That is why we do not have watertight separation of power. There can be no such thing as water tight separation of power. All the agencies of government must continue to interact. But what is important is the independent-mindedness of each judge.
“What about a situation in which a member of your class occupies an executive position. You mean, you must not have interaction with them because you attended the same school, because you are classmates. The CJN has got classmates. She has got classmates across all the segments of government. So, I think we should not take a narrow view of independence. We should not be so mechanical about it. Independence is a thing of the mind. You can stay apart physically, and not being independent. You can maintain physical separation, without coming together and yet be subservient in your thinking. What is important is the maturity. And, we must give that to our judges, their mature-mindedness and their education.
“It is good that people have said that the judiciary should minimize their interactions with the political class. That, I agree. But when it comes to performing an official function, we should not allow some of these ideas to hinder the effective discharge of that administrative function. It is like saying the President cannot swear in the Chief Justice. That will be ludicrous. I don’t think this is the intendment of the constitution when it talks about separation of power.
It is ludicrous to argue that Wike is initiating the project to curry the favour of the judiciary—Prof Akinseye George
“Again, the allegation that Minister Wike initiated the project in order to curry the favour of the judiciary is a very ludicrous argument. Very ludicrous. Wike is not using his personal fund to do the project. In fact, we must commend him for not merely being a life bencher but for using the office he occupies to make sure he advances the interest of the judiciary. Will wike be in that office forever? Has he not left Rivers State where he was once governor? And the fact that he has constructed building for the judges, will that make the judges to change the law. That is ludicrous. Honestly. We should move beyond this kind of argument. Honestly, we should move beyond this level of suspecting every move by every individual. I think our posterity will remember Wike as a great contributor to the independence of the judiciary.
“We have been pleading with successive administration for so many years that judges should not leave office before giving them residences; that we should not build official quarters but owner-occupier houses so that these judges can feel empowered. When they are empowered, they will no longer watch the mood of government to do what they have to do. So, I do not buy that idea that because the project was initiated by the executive arm of government, therefore the judiciary will be subservient. I do not buy that argument.
“At the same time, we do not condemn those who have raised this point. We should merely be reminding our judges that they should be independent and that these judges are performing their official functions and that the executive are not doing that to buy the conscience of judges. That is not the objective,” he added.
From time immemorial, court projects that involve contracting are provided by the executive—OCJ Okocha, SAN
Also speaking on the issue, a former President of the Nigerian Bar Association (NBA), Mr OCJ Okocha, SAN said he disagreed with the argument that the CJN ought not to attend the event.
“I totally disagree. I have read an article, I think by Chidi Odinkalu on this issue. That is a man that has the penchant for attacking judges and the judiciary.
“I heard the critics are saying the judiciary should not have attended the event. That the CJN , the President of the Court of Appeal should not have attended that ceremony. That they should not be there because of their suspicion that Wike can be in court. You cant stop a man from doing his job. Judiciary should not be awarding contract for the building of court. There is nothing wrong in the executive providing such facilities including motor vehicles for the judiciary— judges, magistrate and other judicial officers. I do not agree with him.
“From time immemorial, court facilities that involve contracting are provided by the executives. It is just that our National Assembly has taken it upon themselves to be awarding contracts for their own benefit and building of their own structure. The judiciary should be insulated from anything that can bring them into conflict between their duty and interest. So, there is nothing wrong with what has happened here. .
“I have served as the Attorney-General of a state. We built courts for the Rivers State judiciary. Others have served as attorneys general too and did similar thing. The Supreme Court Complex, for instance, was not awarded by the Supreme Court.
“Of course, now they have the National Judicial Council that awards contracts that have to do with staff of the judiciary but the NJC is a separate body. Of course, you have to be careful. You don’t want to put a Council like that in a position of conflict of interest. I do not see the basis of that criticism.
“Judiciary should not be awarding contract. If they are parties to a contract and if a litigation arises with regards to such contract, they will go to court. And it is the same judiciary that will now preside because judges are part of the judiciary. And you know the principle of law—nemo judex in casua sua meaning: No man should be a judge in his own case,” he added.
I cant fathom any basis for the criticism—Chief Mike Ahamba, SAN
Also contributing, a respected member of the inner bar, Chief Mike Ahamba, SAN said he could not see any basis for the criticism.
His words: “It is a matter of individual approach. That is all I can say about it. If I were in their shoes, it will not affect me even if they (the executive) appear before me the next day. I will decide what I want to decide. Period. I don’t care about that. I will tell you: Thank you, and go away. It is a question of personal opinion,” he added.
I have no quarrel with the housing project for judges or the CJN’s presence at the event— Prof Awa Kalu, SAN
Also contributing to the conversation, a former Attorney-General of Abia State, Prof Awa Kalu, SAN said “Speaking for myself, I have no quarrel with housing our judges. I have no quarrel with that. And I have no quarrel with the Chief Justice attending a function specifically aimed at making judges happier than they are right now. If you are building a house for me, and you have the foundation laying ceremony, can’t I come and see it? Why do we play politics with everything? That the chief justice is there for one hour or so does not mean that she has been compromised. It is not as if she became a chief judge the morning they were doing the event. She has been living happily in Nigeria. In short as far as I’m concerned, as the head of the judiciary, she can witness foundation stone-laying ceremony. It is a matter of opinion,” he added.
Source: Vanguard
