In Nigeria, A Judge Is Not Above Or Beyond Investigation

 By Chidi Anselm Odinkalu

Judge not, that you be not judged. For with what judgment you judge, you will be judged…. Bible, Matthew 7:1-2 (NKJV)

In the first six months of 1986, Nigeria’s Supreme Court delivered two judgments with far reaching consequences for the lives and careers of two senior judges of the High Court. If the facts were to recur today, 40 years later, neither of these cases would come to trial. This fact says a lot about how the standards of judicial conduct and ethics as well as accountability for both have evolved – for worse – over the intervening period.

*Odinkalu

Donald Ikomi was a judge and Chairman of the Armed Robbery and Firearms Tribunal of Bendel State when – together with his cook, Reuben Udoh, and one Martins Ekezoka – he was arraigned in December 1985 on a charge of murder.

The case began on July 5, 1985, when Reuben Udoh discovered on the premises of 3, Obeahon Avenue in Benin GRA where Justice Ikomi lived, the remains of the Police Orderly to the judge, Uanlie Agbede. Parts of the body were missing. A post-mortem later revealed that the cause of death was “strangulation and excessive blood loss.”

At the time of the murder, Justice Ikomi was presiding over the trial of Kingsley Eweka, a member of the infamous robbery gang of Lawrence Anini. The coincidence was not immediately apparent to an undiscerning public, caught in the unusual maelstrom of a judge under suspicion for a heinous crime. In November 1985, citing a need “to uphold the dignity of the judiciary”, Ibrahim Babangida’s military regime relieved Justice Ikomi of his judicial appointment.

The following month, on December 11, 1985, the Attorney-General secured permission from the High Court for his trial to begin. In May 1986, the Supreme Court presided over by Anthony Aniagolu threw its not inconsiderable weight behind that decision.

Following a ten-day trial, on July 15, 1985, the High Court of Bendel State discharged and acquitted Justice Ikomi (and his co-defendants). His daughter, Timeyin Baiyekusi, would later reveal that her dad was framed by George Iyamu, a Deputy Superintendent of Police, who “had already succumbed to pressure from (Lawrence) Anini to help ‘kill’ the case (against Kingsley Eweka) in the armed robbery and firearms tribunal headed by Justice Ikomi.”

Earlier in January 1986, a full panel of the Supreme Court presided over by Chief Justice Ayo Irikefe, overturned the conviction of Paul Anyebe, a judge of the High Court of Benue State, on charges of illegal possession of firearms. Following his conviction by the lower court, the Advisory Judicial Committee (AJC), the predecessor to the National Judicial Council (NJC), had Justice Anyebe relieved of his judgeship. He was, however, reinstated after his acquittal, retiring thereafter as an honorable judge.

These two cases showcased the immense challenges associated with accountability for allegations of serious malfeasance against judges. On the positive side, justice was served. Justice Ikomi, in particular, received full exoneration and his family and children retrieved their name with pride and honour. However, his life was ransacked. Born on September 14, 1935, Donald Ikomi died on January 11, 1992. It is difficult not to believe that the circumstances surrounding his trial for murder that he did not commit assuredly contributed to his untimely death at the age of 56.

Both Justice Anyebe and Justice Ikomi had impeccable judicial reputations before their respective ordeals. Yet, rather remarkably, no one suggested then that their office, status, or reputations afforded them immunity against the charges.

In the past week, echoes of aspects of the controversy around accountability of judges in Nigeria have returned as the Code of Conduct Bureau has reportedly begun an investigation into asset declaration compliance by the serving Chief Judge of the Federal High Court, John Tsoho.

This followed a report that he had “violated Nigeria’s Code of Conduct law by failing to declare some of his bank accounts in his asset declaration form.” The undeclared assets reportedly included accounts in different banks denominated in both the naira and in foreign currencies.

Following upon this report, the President of the Nigerian Bar Association (NBA), Afam Osigwe, a Senior Advocate of Nigeria (SAN), reportedly wrote to the Chairman of the CCB to tell him that “the bureau lacked constitutional authority” to investigate John Tsoho.

Backing up their president, three branches of the NBA in Benue State followed up in similar language to assert immunity from investigation for John Tsoho, asserting that the CCB “lacks the constitutional authority to summon a sitting Chief Judge. It is settled law that only the National Judicial Council can investigate or discipline a serving judicial officer.” John Tsoho comes from Benue State.

Sadly, however, the claim that the NBA makes under guise of judicial and constitutional authority does not exist in Nigerian law. For clarity, three lines of cases emerged in the 20-year period from 2002 to 2022 to define the scope of law applicable to the accountability of judges in Nigeria.

*Professor Odinkalu is a commentator on public issues