Whirlwindnews Editorial
Chima Centus Nweze, until his death, occurred on Sunday, July 30, but formally went viral on Tuesday, August 2, 2023, was Justice of the Supreme Court (JSC) of Nigeria. He was appointed to the apex court, the highest career progression of judicial officers in Nigeria, by former President Goodluck Jonathan, in 2014, from the Court of Appeal, where he was elevated in 2008 from the Enugu State High Court.
A native of Obollo, Udenu Local Government Area of Enugu State, the erudite jurist, who was born on September 25, 1958, apart from being reputed to have had a sterling career, was seen as one of the most fearless judges in recent Nigerian history. In his about 30 years on the bench, which began after his appointment from private practice as a lawyer in 1995, he was one of the judges who had promoted the doctrine of justice must be done, though the heavens fall.
This was demonstrated in 2020, when he practically cried blue murder as he tried to rebuff what he saw as the attempt by his colleagues at the apex court to assault the temple of justice with one of the most unbelievably odious judicial pronouncements in the history of Nigeria, by handing the Douglas House, Owerri, to Hope Uzodimma of the All Progressives Congress (APC) in place of Emeka Ihedioha, of the Peoples Democratic Party (PDP), had won the governorship election in Imo State and was sworn into office on May 29, the previous year.
He was the only one that gave a dissenting judgement, to say no, out of the seven justices that sat on the case, to hand over power to Uzodimma, who had come a distant fourth in the said election and who has remained in office since then. For that singular, which was a demonstrable example of his ability to demonstrate braveness, had stood him out in the minds of many informed quarters as a man of courage and forthrightness.
But that reputation suffered a mortal blow when on February 6, 2023, he read the lead judgement in the case of Bashir Machina against Ahmad Lawan then Senate President on whom should be the rightful candidate for the Yobe North Senatorial election. It was a three-two split decision judgement with Nweze on the other side.
Not a few Nigerians saw the outing of the erudite jurist and scholar as completely direct opposite to that of his firm stance in the Uzodimma case. For emphasis, Nweze had cautioned his colleagues to reconsider their position after Ihedioha had returned to urge the apex court justices to reverse themselves. In the dissenting judgement, Nweze, who had held that Uzodinma misled the court by crediting unverified votes in 388 polling units to himself, had warned: “This decision of the Supreme Court will continue to hunt our electoral jurisprudence for a long time to come. This court has a duty of redeeming its image, it is against this background that the finality of the court cannot extinguish the right of any person.
“I am of the view that this application should succeed. I hereby make an order repealing the decision of this court made on January 14 and that the certificate of return issued to the appellant (Uzodinma) returned to INEC. I also make an order restoring the respondents (Ihedioha) as the winner of the March 9, 2019 governorship election.”
So, what happened that he could switch in such a manner so soon after? For one, going by the doctrine of justice must not only be done, but seen to have been done, many saw and still see the case of Uzodimma carrying the same weight as that of Lawan, in terms of misapplication of justice. They could not be bothered about the technicality upon which the late jurist and his two other colleagues relied on.
All what a completely stunned public could see was the meat of the case. Lawan had contested the presidential ticket of the APC held in June of 2022 and by virtue of the Electoral Act of that year, was clearly not qualified as the amended act, had barred anybody from contesting for two positions in an election circle. So, what happened that Nweze, a known advocate could jettison this clear provision, in preference to mere technicality?
How could such a character with steely mindset on delivering justice at whatever cost be associated with such an obvious judicial heist? That has become the basic question, which has been accentuated with his death. There are fears that the late jurist did not act out of self-will. There is a version that claimed that he was forced to deliver the judgement.
In fact, one account stretches the issue further, informing that, that singular outing that became a serious blemish on his otherwise blistering career quickened his death and sent him to his early grave, metaphorically and literally. First, it was said that he could not live with the consequences. Second, he was said to have been denied visa to travel to the US to attend to his health.
Unverified as it appears, what if that narrative is the true picture? What does it portend for the Nigerian judiciary? The answer is obvious. If someone as hard-willed as Nweze could capitulate under pressure, as it was alleged, who then could survive? Indeed, right from time immemorial, the case of the independence of the judiciary or lack of it, has always come to the fore in justice systems across the world.
While there is the belief that no judiciary is completely free anywhere in the world as judges are prone to external influence, the case of Africa is considered worse, with Nigeria being no different. In fact, the 1962 comments of George Sodeinde Sowemimo, in the celebrated treason trial of the late Obafemi Awolowo against the Federal Government, remains one of the most historic examples. Before the late judge sent the former Leader of Action Group (AG) to jail, he had prefixed his pronouncements with the expression – my hands are tied. Tied by what, whom? The answer has not been provided till date.
Ironically, Nweze’s death came hours to the conclusion of cases at the Presidential Election Petition Tribunal hearing the challenges of Atiku Abubakar of the Peoples Democratic Party (PDP), Peter Obi, his Labour Party (LP) counterpart and the Allied Peoples Movement (APM), against the declaration of Bola Ahmed Tinubu as winner of the 2023 presidential election by the Independent National Electoral Commission (INEC).
The PEPT at its last sitting on Tuesday, presided over the adoption of their final addresses by all the parties in the petitions and would now retire to give their judgement at a date they say would be made known to the public. How far could the case of Nweze and numerous examples dotting the judicial history of Nigeria guide the judges to deliver their judgement? How formidable are the judges, both at the Court of Appeal currently sitting as PEPT, to withstand the forces of influence that would come, if any?
If indeed, Nweze was forced to capitulate to the level of not only acquiescing but delivering the obviously integrity-questioned judgement, what might be the threat? From fiction stories in books like The Godfather, judges who were in the pockets of mafia gangs, were either willing collaborators or victims of blackmail or outright threat.
Such blackmails could be threats to expose their dark secrets, including lurid pictures of their making out with fellow men as homosexuals, or sleeping with other people’s wives or evidence of their involvement in high crimes such as murder or drug deals or outright threats of physical harm to them and their family members. How many judges could with the threat of the kidnap of their precious sons and daughters or the image of dar-goggled thugs hovering around their premises?
It is even more pronounced in Nigeria, where virtually everybody has one yoke or the other hanging on their necks. Whoever thought that Walter Onnoghen, would be thrown out as the Chief Justice of Nigeria (CJN), in such a sorry manner or his successor, Tanko Muhammed, with his fellow judges at the various levels including the National Judicial Council (NJC), either watching like rain-beaten chickens, unable to lift a finger or even leading the process?
But even so, are all hopes lost? What if the judges decide to damn the consequences? What if they decide to redeem what is left of the odious situation that has sent shivers down the spine of Nigerians? Again, Nweze provides an abiding answer. Whatever led him to make that perceived odious judgement, whether he was purely looking at the law or due to inducement or threat, the fact remains that he did not live forever.
Like William Shakespeare, wrote: The purest treasure mortal times afford is a spotless reputation. Would Nweze have reached the same decision or made the same pronouncement in the Lawan case, if he knew that he would die in less than six months and thereafter face his maker to account for the talent he was given? The answer blowing in the wind.
Because nobody knows at which hour, it now becomes imperative, for those who want to preserve their names to do the right thing. For the judges in the PEPT case, would any lesson have been learnt? If indeed Nweze acted on external influence, where has it left him? If he was induced, where are the proceeds? If it was blackmail, would he have redeemed himself before his maker? If it was a threat, has he lived?
Today, Nigeria is standing on the edge of a cliff. A tip could see it crashing down the slope to the jagged rock at the base. On the other hand, it could be pulled back from the brink towards the direction of hope and prosperity. Whatever it would be, the adequate resolution of the 2023 presidential is key. The judges are, therefore, central to whether the country would take the plunge or soar high above.
But one thing is sure, if for whatever reason, they allow the plunge, one thing is certain, it would lead to two kinds of death – the death of a country or the death of human beings. In this, nobody knows who would survive. It is either the PEPT judges kill Nigeria finally or save it. What would it be? Would the judiciary destroy Nigeria or save it? Enough said!
Originally published by Whirlwindnews on 2 August 2023.
