The recent actions by the Federal Minister, Nyesome Wike, involving the forceful revocation of the Certificate of Occupancy (C or 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 dignity and stability of government depends on justice and the appearance of its objective application.
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 F.C.T. 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 F.C.T. Minister and of the Chief Justice 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. Justice is a pillar upon which democracy rests and it must not only be done but also be seen to be done. By their actions, the Minister, 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.
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 have voiced concerns and publicly condemned the actions, are now facing pressure from the Minister and his acolytes. This 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. Such actions stand in direct opposition to the principles of justice, transparency and democratic governance.
Nigeria’s Justice System must not be exploited as a tool for silencing legitimate criticism or shielding questionable practices. 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.”
In the light of the above, the undersigned call on the following actions to be taken immediately to address these pressing concerns:
- Nigeria’s Judiciary needs to publicly reaffirm commitment to the constitutional investment in the independence and impartiality of the third branch. The leadership of the judiciary needs to show that it is committed to a judicial system that is capable not merely of delivering fair and just administration of justice but even more importantly ensuring that this is manifestly seen to be done, unimpeded by political or personal interests. Considering the travesty that has already taken place the Chief Justice and President of Court of Appeal are called upon to publicly affirm recusal in both judicial and administrative capacity from any case involving Minister Nyesom Wike to address public perception of bias.
- The Courts shall be a neutral venue where the judicial powers vested in the courts are fairly applied to all persons to ensure the democratic foundations upon which Nigeria’s legal and judicial system are built are insulated from threats and public trust in the Judiciary is restored.
- The Minister of the Federal Capital Territory should respect the independence of the Judiciary in the F.C.T. and refrain from insinuating himself or his office into the work of judges or fostering the impression that he is invested in doing that.
- The Chief Justice of Nigeria as the Chair of the National Judicial Council should commit to the highest standards of personal rectitude as that is the only way to bring credibility to the urgent task of policing disciplinary control of erring judges.
- Nigeria should take steps to bring itself in compliance with the UN Basic Principles on the Role of Lawyers. Accordingly, activists and legal professionals must be protected from Intimidation. The Nigerian Bar Association must stand firm against attempts to stifle the voices of legal professionals who speak out against injustice; 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.
We call on all relevant authorities to take immediate steps to address these pertinent concerns.
Signed:
Africa Judges and Jurists Forum
Gloria Mabeiam Ballason Esq, House of Justice, Nigeria
Prof. Danwood M. Chirwa, Dean of Law, University of Cape Town, South Africa
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
Nelson Olanipekun, The Gavel
Dr Eki Yemisi Omorogbe, United Kingdom.
