A Senior Advocate of Nigeria and ex-president of the Nigerian Bar Association (NBA), Onueze C.J Okocha, has described Chidi Odinkalu, law teacher and rights crusader as ” a man that has a penchant for attacking judges and the judiciary.”
Weighing in on the furore around the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun’s decision to attend the foundation laying ceremony for the construction of 40 housing units (owners-occupiers) for different categories of judicial officers in the Federal Capital Territory, Okocha said: “From time immemorial, court facilities that involve contracting are provided by the executives.
Reacting to a report written by Ise-Oluwa Ige in Vanguard newspapers Okocha countered the argument that the CJN should not have attended 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,” he said.
According to OKocha: “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 can’t 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.”
He then sresed that throughout history, court facilities involving contracting have been provided by the executive branch. “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,” he explained.
The former Bar President further added, “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.”
He equally spoke about the role of the National Judicial Council (NJC), pointing out: “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.”
Okocha summed up the matter by emphasizing that the judiciary should not be involved in awarding contracts to avoid potential conflicts of interest. “Judiciary should not be awarding contracts. 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.
