By Sylvester Udemezue
Learned silk J. B. Daudu’s said position was published on 19 November 2024 under the title, “DAUDU: HOUSING FOR JUDGES NOT FCT MINISTER’S PERSONAL PROJECT, BUT CONSTITUTIONALLY APPROVED PROGRAM” in several news platforms in Nigeria.
With utmost respect and considering that the very respected learned silk J. B. Daudu himself is Lawyer to Nyesom Wike (the FCT Minister), especially in some of the cases pending before some of the Federal High Court (FHC) judges who are direct beneficiaries of Wike’s “official” housing largesse — cases directly affecting Wike and or his proxies and associates — one is hardly taken aback by the position now being taken by the said respected learned silk. So, I think the best and most democratic way to approach the matter is to agree to resolve that the learned silk is entitled to his opinion, however groundless such an opinion is or is not.
Having said that, there are questions immediately and (I submit) reasonably arising from the learned silk’s wobbly defence and justification of an obvious-repugnant and clear-unprepossessing scenario which has both undoubtedly and rightly provoked in the minds discerning bystanders, the uncomely impression of existence of REASONABLE LIKELIHOOD OF BIAS on the part of the beneficiary-judges some of whom are handling pending Rivers State lawsuits directly affecting the judges’ “official” benefactor Nyesom Wike and or his associates, and in which (this is the most interesting part) the same respected learned silk is Lawyer/Counsel for Wike, associates. Among such questions arising are:
(1). Why didn’t the “official” housing largesse for the judges start until when many of the lawsuits directly arising from ongoing loggerheads between ex-Governor Wike and current Governor Fubara of Rivers State were (albeit curiously) moved to Abuja and assigned to the now beneficiary-judges? Or, why is it that all the pending cases involving Wike are being assigned, by the CJ of the FHC to the same judges who are among the beneficiaries of the Wike-initiated, Wike-executed, and Wike-supervised housing projects?
(2). Why are there no such sudden or similar ongoing housing projects for teachers, doctors, engineers, etc, but only for judges whose salaries and allowances were recently increased by 300 percent while teachers’, lawyers’, doctors’ etc salaries remain the same so-called ₦70,000 minimum wage? Are lawyers, doctors, teachers, and others in the public service (especially those in the FCT) not in much more urgent need of such “official” housing largesse from a “caring” FCT Minister Nyesom Wike than the judges? Is sauce for the goose not sauce for the gander?
(3). What has happened to the official budget for the Judiciary as an independent arm of government? Are there no appropriations for capital projects (such as building of residential houses for judges of federal courts)? Or, has the Nigerian judiciary ceased to be the third and independent arm of Government but now an appendage or an offshoot or annexe of the Executive arm (and if so) to the extent that the judiciary is now the Servant while the Executive is the Master, such that the Master is now building houses for the Servants even while Servants sit in adjudication over lawsuits involving the Master as a Party?
(4). If things have got that bad (I’m not saying they have) that it’s now the Executive Arm that builds official houses for members of the judiciary, then how did it become the responsibility or schedule of duty of Wike’s FCT Ministry (instead of the Federal Ministry of JUSTICE ) to build houses for Federal High Court judges? Is the Federal High Court now a Parastatal or an Agency or a Section under Wike’s FCT Ministry?
(5). If this is the case, and for God’s sake, what has happened to Ministry of Justice that should oversee the affairs of JUSTICE? What does the Federal Ministry of Justice exist for if Wike’s FCT Ministry is now responsible for building or overseeing building of houses for members of the Federal Judiciary?
(6). How on earth did Wike’s FCT Ministry suddenly find its way into officially building houses for justice delivery officials of the Federal High Court as a “constitutionally approved program”?
So, respected learned silk Daudu want us to agree that Wike’s FCT Ministry is now “constitutionally” the overseer of the Federal Judges and their Housing Programs? Okay, if the FCT Ministry building houses for FHC judges is a “constitutionally approved” program, why hasn’t that aspect (if any) of the Constitution got implemented until Nyesom Wike became the FCT Minister and especially until a fierce fight broke out between Wike and his political godson (Sim’s Fubara) with many lawsuits arising from the filed being (curiously) filed at the Federal High Court, Abuja Division and also assigned for judicial determination, to the same FHC Judges for whom Wike’s FCT Ministry is building the houses for?
Before I proceed, fellow Nigerians, permit me to say that if care is not taken, we may one day wake up to find that Wike’s FCT Ministry has taken over (as part of its “constitutionally approved program”) the jobs of erecting housing, buying cars, laptops, tables, chairs, printers, photocopiers, paper and pen, for Supreme Court justices, and ultimately taking over the job of actual management and control of the entire institution of justice delivery at the Federal level in Nigeria! I ask again, what does the Federal Ministry of Justice exist for if Wike’s FCT Ministry is now overseeing an aspect of the affairs of Federal judges whose sole job is ADMINISTRATION OF JUSTICE? Please tell me that he who pays or builds houses for the piper wouldn’t end up being better-placed to dictate the Piper’s tunes? Or, tell me I’m dreaming.
(7). Has the judiciary become so emasculated and caged (that’s, if it has) that its managers and leaders cannot ask for or are incapable of asking for financial provisions to be made in Judiciary’s Annual Budget for such capital projects as building houses for Federal Judges, including those of the Federal High Court?
(8). Why are the housing projects coming AT THIS TIME when Nyesom Wike (who is the FCT minister) and his associates have more than 10 cases pending before the Federal High Court (FHC), Abuja Division, and almost all the cases are being handled by some of the same FHC judges who are the direct beneficiaries of those Wike’s “official” housing projects?
(9). Why are there FHC judges in Port Harcourt, capital of Rivers State, if they wouldn’t handle cases arising from River State whose capital is Port Harcourt?
(10). What has happened to the rule regarding reasonable likelihood of bias? Have we forgot that, in this regard, the relevant, determining FACTOR, is not whether WIKE’s FCT Ministry’s “official” housing gestures would or have indeed led to ACTUAL BIAS on the part of the housing project beneficiary-judges who are also involved in Wike cases, but whether the scenario does not raise or have not created a REASONABLE LIKELIHOOD OF BIAS in the minds of discerning bystanders? Thus, the material question is not about what has actually happened but about the IMPRESSION REASONABLY raised in the minds of disinterested people who are watching what is happening. It’s not whether those judges have actually been influenced but about whether reasonable people would think they might! What impression does the scenario create in the minds of detached right-thinking men?
(11). Why are the cases arising from Rivers State not being assigned to be handled by FHC judges sitting in Port Harcourt, Rivers State so as to clear the possibility of all such LIKELIHOOD OF BIAS. Or, are there no longer any FHC judges sitting in Port Harcourt?
(12). Is it a mere coincidence that suddenly, all cases involving Nyesom Wike and his associates are being assigned not to FHC judges sitting in Port Harcourt but to those sitting in Abuja who are direct beneficiaries of Wike’s FCT Ministry’s “official ” housing largesse?
(13). What are the moral, ethical and legal implications of Wike (whose Ministry is executing those projects for the judges) being a litigant before the same judges who are beneficiaries of the projects?
(15). If you were one of the affected judges or you were in the shoes of the said judges who are direct beneficiaries of Wike’s Ministry’s “official” and ongoing housing largesse, exactly how would you feel going against Wike or his proxies or associates in any of their cases pending before you?
(14). Finally, one may ask, “Why and how Are the above Questions Necessary in the Circumstances?”
In the UK case of Metropolitan Properties Co. (F.G.C.) Ltd. vs. Lennon (1969) 1 Q.B. 577, 598, Lord Denning, M.R., stated, in respect of the law regarding nemo judex in causa sua, as follows: “A man may be disqualified from sitting in a judicial capacity on one or two grounds. First, a ‘direct pecuniary interest’ in the subject matter. Second, ‘bias’ in favour of one side or against the other.”
Then, regarding likelihood of bias, the same Lord Denning, MR, in R. v. Amber Valley DC, ex parte Jackson [1985] 1 WLR 298, [1984] 3 All ER 50, gave an insight into the determining factors:
“The court looks at the impression which would be given to other people. Even if he was as impartial as could be, nevertheless if right-minded persons would think that, in the circumstances, there was a real likelihood of bias on his part, then he should not sit. and if he does sit, his decision cannot stand. It is irrelevant whether he was in fact biased, because justice is rooted in [public] confidence. “
In the case of Serjeant vs. Dale (1877) 2 Q.B.D. 558, 567, Lush, J. drove the point further:
“The law, in laying down this strict rule, has regard not so much perhaps to the motive which might be supposed to bias the Judge as to the susceptibilities of the litigant parties. One important object, at all events, is to clear away everything which might engender suspicion and distrust of tribunal, and so to promote the feeling of confidence in the administration of justice which is so essential to social order and security.’
This rule has been applied in several cases in Nigerian and elsewhere, to strike down decisions reached in such circumstances of reasonable likelihood of bias. The cases of R. v. Bow Street Magistrate ex parte Pinochet (No. 2) [2000] 1 AC 119 , [1999] 1 All ER 577 and R. v. Secretary of State ex parte Kirkstall [1996] 3 All ER 304 easily come to mind. See also the Nigerian case of ZAMAN v. STATE (2015) LPELR-24595(CA) where the court had this to say about the disqualifying factors under the circumstances:
“There must be circumstances from which a reasonable man would think it likely or probable that the justice or chairman, as the case may be, would, or did, favour one side unfairly at the expense of the other. The Court will not inquire whether he did, in fact, favour one side unfairly. Suffice it that reasonable people might think he did. The reason is plain enough. Justice must be rooted in confidence; and confidence is destroyed when right-minded people go away thinking: ‘the judge was biased.’….”
In Olve & Ors. vs. Enenwali & Ors. (1976) 1 NMLR the Supreme Court of Nigeria held (per Nasir, JSC, as he then was), as follows:
“The principle that a judge must be impartial is accepted in the jurisprudence of any civilized country and there are no grounds for holding that in this respect the law of Nigeria differs from the law of England or for hesitating to follow the English decisions.”
Enough asked, said. Speaking generally, I shall write to advance (by contributing to) ongoing discussions on this subject because administration of court-justice in Nigeria appears of late to be taking such a shape as portends grave dangers for present and future generations of Nigerians and especially stakeholders. Besides, from the look of things, it appears senior stakeholders are going to be the ones to preside over the celebration of final desecration and eventual destruction of Nigeria’s once-glorious Justice system. Meanwhile, and still speaking strictly generally, I recall a declaration by respected Bayo Akinlade, Esq, Coordinator of a group operating under the name, Fight Against Corruption in the Judiciary in Nigeria, and who has also shown himself to be a committed advocate of a clean, fearless and independent judiciary in Nigeria; the said declaration should serve as Memory Verse for all stakeholders in justice administration and delivery in Nigeria:
“Anyone who fights for his or her own personal right without considering or respecting the rights of others is NOT a crusader nor a revolutionary….. He or she is simply selfish and self centered.”
God help us!
Respectfully,
Sylvester Udemezue, Udems
[Proctor, The Reality Ministry of Truth, Law, and Justice (TRM) (a non-aligned, nonprofit public interest law advocacy group). 08109024556.
therealityministry@gmail.com].
(19 November 2024)
