By Omoniyi Osadare
In recent times Professor Chidi Odinkalu has become a constant critique and “thorn in the flesh” of the Nigerian Judiciary and he is very right to do so because the Nigerian Judiciary has in recent times become a shadow of its former self with its inconsistent decisions and it indeed appears to have been hijacked in many respects by unscrupulous people.
As soon as the current CJN Hon Justice Kudirat Kekere-Ekun resumed office, Professor Odinkalu continued his spate of criticism against the Judiciary and has even attacked the CJN ‘s character raising insinuations she has been captured or about to be captured by Politicians and unscrupulous persons.
His latest missile is against the Dinner hosted by the Lagos State Government to celebrate the appointment of the current CJN who is the third indigene of Lagos State to be appointed to the exalted position of Chief Justice of Nigeria.
Professor Odinkalu says that Justice Kekere Ekun ought not to have attended the event because Lagos State is a litigant at the Supreme Court and he suggests that her attendance may colour her objectivity and may affect the Supreme Court’s impartiality in their ultimate decision.
With due respect to Professor Odinkalu, his submission is “balderdash ” and without basis for the following reasons:
- Justice Kekere Ekun is a respected, impartial and fearless jurist who has been a Judge at all levels of the Judiciary including the Magistracy and has never been indicted for any form of impartiality or moral turpitude in the course of her judicial career.
- Secondly, as CJN she is now the Administrative head of an arm of Government and must as a matter of course interact with other representatives of the other arms of Government including the State Government as part of her administrative duties. Some of those duties will include attending social events of the Government that should not necessarily carry any imputation of malfeasance or compromise.
- Attending a dinner event compromising mainly Judges from all levels of the Judiciary and legal practitioners to honour one of their own who has attained the highest office in the Judiciary cannot be interpreted by a stroke of imagination as a prelude to compromise by this respected Jurist.
- The decisions at the Supreme Court are rendered by Panels of five and seven as the case may be, so the CJN does not make unilateral decisions as Professor Odinkalu would want the undiscerning public to believe.
- Judges may be “Godlike” but they are human beings and members of the Society and cannot therefore be completely insulated from Society because their judgements must continue to reflect the ethos and character of a society that remains dynamic and changing. The most important traits are that the Judex must be fearless and upright and be prepared to deliver justice based on law and equity no matter whose ox is gored. I dare say that the new CJN possesses these qualities and is unlikely to be swayed by her attendance at an event organised by her State of origin to honour her ascendancy to the apex of her profession.
Professor Odinkalu should put his excellent writing skills to better use by putting forward a world-class position paper with specifics and not generalities for consideration by the CJN in her quest to retool the Judiciary .
After all, criticism cannot be for criticism’s sake alone ..it must be constructive.
Professor Odinkalu should let the new CJN breathe!!!!!
