Issues
Re: Judiciary And The Future Of Our Democracy
Our attention has been drawn to an article titled: “Judiciary and the Future of Our Democracy… Judges Like Catholic Priests”, By Eddy Odivwri, published in Thisday Newspaper of December 25, 2020.
This write-up by Mr. Eddy Odivwri was excellent, almost to the point of being seminal in its critical appraisal of our judiciary and the future of our democracy, until the interloping and completely out of kilter imposition of the section sub-headed “Wike and Judicial Conjugation”, in which Odivwri attempted what can best be described as a totally jaundiced interpretation of the healthy relationship between Governor Nyesom Wike and the Rivers State Judiciary.
For starters, the title, “Wike and Judicial Conjunction” tends to suggest a kind of dubious marital connivance between the Rivers State Governor and the State’s Judiciary, but what Odivwri cleverly and deliberately omits is the fact that Governor Nyesom Wike himself is a lawyer and a member of the Nigerian Body of Benchers. His relationship with the Judiciary is professional and clearly defined.
In other words, Governor Wike’s inclination to the promotion of equity and the existential welfare and well being for officials on the bench and indeed across the entire judicial/ legal community flows from his proud professional calling as a lawyer and a Life Bencher.
Again, one is taken aback by Odivwri’s description of the relationship as “the brazen romance between the Governor of Rivers State, Nyesom Wike and his State’s Judicial officers.”
It is indeed quite amazing that a journalist with some years of experience should exhibit such reckless flippancy, when an elementary research would have offered a more discretionary and less sacarstic translation, unless of course, Mr. Odivwri, like many present day Wike commentators, has also chosen to be typically economical with the truth and facts.
Be that as it may, it behoves any trite response to Mr. Odivwri’s obviously warped observations concerning Governor Wike’s relationship with the Rivers Judiciary, to set the records straight by preseting the honest picture of the situation between the Rivers State Government and the Judiciary in the State before Governor Wike assumed office on May 29, 2015.
Professor Zacchaeus Adangor aptly captures the situation succinctly in his paper: “Depoliticising the Appointment of the Chief Judge of A State in Nigeria: Lessons From the Crisis Over the Appointment of the Chief Judge of Rivers State of Nigeria”, where he wrote thus: “Rivers State of Nigeria was effectively without an incumbent Chief Judge from 20th August, 2013 (when the immediate past Chief Judge of the State, Hon. Justice Iche N. Ndu, retired from service) up until the 31st day of May, 2015.”
In summary, the crisis in the Rivers Judiciary was occasioned by the insistence of former Rivers Governor, Rt. Hon. Chibuike Amaechi that he had the prerogative to reject the recommendation of the National Judicial Council (NJC) who wanted to appoint Hon. Justice Daisy W. Okocha of the High Court of Rivers State, as the Chief Judge of Rivers State, instead of his preferred choice, Justice Peter Agumagu.
A judgment delivered by Hon. Justice Lambo Akanbi, J., of the Federal High Court, Port Harcourt in favour of the Rivers State Government, set aside the recommendation of the NJC to appoint Hon. Justice Daisy Okocha and acting on that ruling the Amaechi administration appointed and swore in Hon. Justice P. N. C. Agumagu, on 18th March, 2014 without the recommendation of the NJC.
Expectedly, the NJC not only refused to recognise the appointment of Hon. Justice P.N.C. Agumagu as Chief Judge of Rivers State but also suspended him from performing the functions of his office as a judicial officer for accepting his purported appointment as Chief Judge of Rivers State without the prior recommendation of the NJC.
On 3rd June, 2014 the NJC appointed Hon. Justice Daisy Okocha, as the “Administrative Judge” of the High Court of Rivers State with a mandate to assign cases to all the Judges of the High Court of Rivers State and to perform other related administrative functions necessary to prevent the complete collapse of the operation of the judiciary in the State.
However, the Rivers State Government quickly reacted to the said appointment by issuing a circular directing all staff of the Rivers State Judiciary to refrain from taking any instructions from or dealing with Hon. Justice Daisy Okocha, in her capacity as the Administrative Judge of the High Court of Rivers State. The directive was coupled with a clear threat that any staff found guilty of its violation would be dismissed from the service of the Rivers State Judiciary.
In the confusion that followed these conflicting actions by the NJC and the Rivers State Government, members of the Judiciary Staff Union of Nigeria (JUSUN) Rivers State Branch declared an indefinite strike action on 9th June, 2014 thus completely grinding the administration of justice throughout Rivers State to a halt and depriving litigants of access to the court of justice.
The needless crisis and the complete disruption of the administration of justice in Rivers State which was unprecedented in history continued until the Hon. Justice Daisy Okocha was appointed and sworn in as the Acting Chief Judge of Rivers State on 1st day of June, 2015 by Governor Wike.
On May 29, 2015, Governor Nyesom Wike while delivering his first term inaugural speech, appointed Justice Daisy Okocha as acting Chief Judge of the State. The Rivers Governor who announced the appointment shortly after he took the oath of office administered by the Chief Judge of Bayelsa State, Justice Kate Abiri at the Yakubu Gowon Stadium, Port Harcourt said it was unfortunate that the crisis in the judiciary could linger on for close to a year.
Governor Wike also appointed Justice Christy Gabriel Nwankwo as Acting President, Rivers State Customary Court of Appeal.
“We had severally condemned the prolonged absence of a State Chief Judge and closure of our courts and promised that these issues will not remain unresolved beyond a day after today.
“Therefore, in fulfillment of our promise to reopen our courts and restore normalcy to the State’s judiciary, I hereby, in exercise of my powers under section 271(4) of the 1999 Constitution, as amended, appoint the most senior High Court Judge in Rivers State Judiciary, the Honourable Justice Daisy Okocha as the Acting Chief Judge of Rivers State.
“Her Lordship will be sworn in on Monday 1st June 2015, after which she will be required to immediately terminate the dark moments of our ignoble judicial history by reopening the courts for business. Under our watch, never again will the doors to justice be deliberately and punitively shut against the people of Rivers State.
“In the same vein, I hereby, in exercise of the powers conferred upon me by Section 281 (4) of the Constitution of the Federal Republic of Nigeria 1999, as amended, appoint the Honourable Justice Christy Gabriel-Nwankwo, as the Acting President of the Rivers State Customary Court of Appeal following the indefinite suspension by the National Judicial Council (NJC) of the holder of that office. Justice Gabriel Nwankwo also be sworn in on Monday 1st June 2015.”, Governor Wike had declared.
It is germane at this juncture to state clearly that while many social commentators and columnists have mischievously and dubiously coloured the relationship between Governor Wike and the Rivers judiciary in selective instances, the fact remains that no Rivers Governor has arguably done more to position the legal profession in its pride of place and protect the judiciary by entrenching an enabling environment for judicial officers in the State to operate independently without fear of any intimidation or compromise.
Right from his first term, Governor Wike has committed himself to the improvement of the processes and facilities for the advancement of the Administration of Justice. His commitment is premised on the fact that economic development, security and social welfare are tied to a vibrant justice system.
Beyond the much overblown narrative of the purchase of vehicles for judges which has provided topical cannon fodder for both seasoned and pedestrian commentators, Governor Wike’s administration has since inception embarked on a holistic welfare and development initiative for the judicial sector within the legitimate purview of a State Government’s contributions to the third estate of the realm.
Over the last five years, Governor Wike constructed the Federal High Court, Port Harcourt, reconstructed the Court of Appeal, Port Harcourt Division, and built the National Industrial Court in Port Harcourt. He had released funding promptly and regularly to address and offset recurring and outstanding emoluments, established the Rivers State Multi-door Court House and the Family Court.
His administration built a new secretariat complex for the Port Harcourt branch of the NBA and pledged to build two new hostels that will accommodate not less than 1,800 Law Students and a 500 capacity Auditorium for the Nigerian Law School, Yenagoa, amongst others.
Governor Wike himself has never hidden his intention to ensure the independence of the judiciary and implement initiatives that would make the judiciary to assert itself independently.
His commitment to the welfare of judges and judicial officers of Rivers extraction as well as those working in the state, has been unwavering and this was once again captured in September 2020, during the commissioning of 20 owner occupier duplexes built by Rivers Government for Judges of Rivers origin serving in the State and Federal Judiciaries.
Governor Wike declared at that ceremony that Rivers State would end the era Judges retire without their own home.
He said, “One arm of government that is key in the fight against corruption is the judiciary. Judges cannot fight corruption when they are not provided with the basic facilities. Given the constitutional restriction on legal practice, post legal service years could be miserable for judges who were unable to buy or build their own homes before leaving the service.
“With our policy, the State now bears the full responsibility to providing befitting accommodation for all judicial officers of Rivers State origin beyond their service years for life. The policy covers all former Chief Judges, Presidents of Customary Courts of Appeal including Justice Peter Agumagu. All retired Judges in service when the policy was made. Current Chief Judge of the State will have her accommodation built before retirement in May, 2021.”
“I cannot think of any State Government with similar welfare scheme we have made. This will have a profound and positive impact on judicial officers. We have moved our Judiciary from the valley of neglect to an enviable hilltop of independence, capacity, and effectiveness,” he stated.
The Chief Justice of the Federation(CJN), Justice Mahmud Muhammad was to capture Governor Wike’s intention clearly. Represented by Justice Mary Odili of the Supreme Court, he noted that Judges would be more confident to dispense justice if they have good shelter and welfare.
“Lagos and Rivers States rank among the most litigious States. The implication is that manpower and materials are perennially stretched far beyond limit to attend to the large number of cases filed daily. That explains the enormity of work before Judges. A good car, shelter and good welfare package are some of those things that can serve as magic wand to bring out the best from them.
“Whenever we deliberately or inadvertently toy with the welfare of judicial officers, we are unconsciously inflicting a debilitating wound on the conscience of the nation,” he noted.
President, Court of Appeal, Justice Monica Dongban-Mensem, in her comments said provision of the accommodation for the judicial officers would reduce the challenges that affect effective administration and dispensation of justice. She urged the justices to reciprocate Wike’s gesture by dispensing justice without favour.
Olumide Akpata, President, Nigerian Bar Association (NBA) in his goodwill message, commended Governor Wike for his vision and foresight aimed at promoting the administration of justice and rule of law; and Theo Osanakpo, speaking on behalf of the Body of Senior Advocates of Nigeria, said the action of the Rivers Governor would provide opportunity for optimal performance by the judges of the Court of Appeal.
Governor Wike was to express the same sentiments again during the swearing-in of two new High Court judges; Justice Ben-Whyte Opufaa and Justice Gbasam Okogbule as recently as Thursday, December 24, 2020.
“This country cannot move forward if the judiciary does not come out to say we must be firm to do our work. Whatever you believe that is right do it. It doesn’t matter who is involved. Don’t be intimidated by the federal government,” he charged.
Indeed, Governor Nyesom Wike, in addition to providing the basic welfare and standardised infrastructural amenities for judges and the judicial community, has also been a staunch advocate for maintaining and sustaining the sacred guiding principles that define administrative judicial processes and appointments.
It is worthy of note that while some justices have been victims of a peculiar gender marginalisation, the case of the incumbent Chief Judge of the High Court of Justice in Rivers State, Justice Adama Lamikanra, has been hailed as one the finest decisions in Nigeria’s judiciary.
For the records, Justice Lamikanra is from Edo State just as her husband. However, she started her service in Rivers State and was in due season appointed a judge. However, when a vacancy arose in the office of the Chief Judge and her name was mentioned sometime around 2015, the primordial biases of ethnicity and gender arose.
There were some in Rivers State who felt that an Edo State indigene married to an Edo man should not be made Chief Judge of the State, but Governor Wike would have none of that and as he settled in the office of Governor in his first term, he promptly dismissed the prejudices levelled against Justice Lamikanra who had worked in the Rivers State judiciary for most of her career.
She was appointed Acting Rivers State Chief Judge on January 15, 2016, following the retirement of Justice Daisy Okocha and sworn-in as substantive Chief Judge on March 8, 2016, on the recommendation of the NJC and the approval of the Rivers State House of Assembly, for her to occupy the State’s judiciary top position.
The citing of these instances have become necessary to correct the erroneous impression which the likes of Mr. Odivwri peddle, that the impressive effort to build a mutual and professionally symbiotic relationship between the executive and judiciary, towards achieveng the prompt and proper dispensation of justice as well as delivering good governance to Rivers people, could be misinterpreted with snide and obviously ill-advised innuendos that diminish the craft and intelligence of writers like Eddy Odivwri.
The glaring poverty of his argument is underscored by the fact that, while this commitment to secure the welfare of judges has now become a state policy that will outlive Governor Wike’s tenure as Governor of Rivers State, the real possibility that some of his futuristic legal engagements may not even be adjudicated by Rivers judges, exists. After all, the Governor is in his second and final tenure now and it is really not so difficult to fathom if there is any other ‘political fate’ that the judges would be compelled to determine in his favour in the state, going forward.
Unless there is something in the political future of Governor Wike which only Mr. Odivwri and his co-travellers know that we do not know.
Nsirim is the Commissioner for Information and Communications, Rivers State
This is an open letter to the Minister of the Federal Capital Territory, Chief Nyesom Wike.
Your Excellency,
Sir, ordinarily, I would not be writing an open letter to you, but like a wise man once said, “Silence would be Treason.” So I prefer to stay alive than face the consequences of silence in the face of crime. With each passing day, and as the socio-political tides continue to turn, it has become more pertinent that more people speak up in a concerted MANNER to prevent the death of our party, the Peoples Democratic Party (PDP), as we appear to be, in the words of W. B. Yeats, “turning and turning in the widening gyre” heading for an end where the falcon will no longer hear the falconer
It is unfortunate that since losing control of the Federal Government, with the loss of President Goodluck Jonathan at the poll in 2015, our party, the Peoples Democratic Party (PDP), has continued on a downward spiral. It is much more painful, that where it is expected that leaders within the party should rise to the challenge and put an end to this decline of our great party, some have instead taken up roles as its undertaker.
It will be hypocritical to claim aloofness to what I believe is your grouse with the PDP and I am not a hypocrite. It will be uncharitable on my part to discountenance the role you have played in strengthening the PDP from 2015 up until the last Presidential primaries of the party. It is my belief that your grouse against certain members of the party who you perceived worked against the party and abandoned it in 2015 and then came around much later to take control of the party, is justified. Also know that your decision to remain in the Party and stifle its progress on the other hand, as a sort of payback, stands condemned. For a man of your pedigree and stature, it is a dishonorable act, highly dishonorable and stands as testimony against all you claim to stand for.
At least, it can be argued that those who you hold this grudge against, abandoned the party completely and did not sit back while actively working to destroy it from within. But what then can be the argument on your own part, seeing that those you are currently working with against your party are the same people who set in motion, and executed surgically, the plans that not only ended our Party’s leadership at the centre, but ended up dislodging the first Niger Deltan to occupy Aso Rock as Commander in Chief of the Armed Forces. Is this not akin to “cutting off one’s nose to spite one’s face?” That will be worse than folly. Let us not throw away the baby with the bath water because we do not like the soap used in bathing the baby. It will be a grave mistake.
Honourable Minister, sir, it is rather unfortunate that of all people, you have also decided to play the role of an undertaker not only for our party, but for our dear Rivers State.
I will like to take you down memory lane a little. Let me remind you of your emergence as Guber candidate of the PDP in Rivers State, against all fairness and justice in 2014. You will remember that despite the reality being that you as an Ikwerre man was poised to replace a fellow Ikwerre man in Governor Chibuike Rotimi Amaechi in our multiethnic state, Rivers people overwhelmingly stood by you and pushed for your emergence as Executive Governor of Rivers State in 2015. I dare say that your popularity in the entire Niger Delta region was at an all-time high at this point.
I want you to understand why you were loved across board leading to your eventual emergence as Governor of Rivers State in 2015; it was because when it looked like all were against the second term ambitions of the first Niger Delta man to emerge as President of Nigeria, you became not just a pillar but a beacon of resistance by standing for Goodluck Jonathan. Rivers people, as grateful and rewarding as they can be, paid you back by ensuring your electoral victory against the incumbent All Progressives Congress (APC) led by your predecessor. On your emergence, where there were second term Governors in the region, you, a first term Governor, was seen by the people as not just the leader of the PDP, but the leader of the entire Niger Delta region. You earned it, and no one could dispute it.
In 2019, when your re-election bid was being challenged ferociously, Rivers people once again stood solidly behind you. Many were killed in the process of defending your votes. Do you remember Dr. Ferry Gberegbe that was shot and killed while trying to protect your votes in Khana Local Government Area? There are many more unnamed and unrecognised sons and daughters of Rivers State who sacrificed their lives so that you could emerge as a second term Governor of Rivers State.
In 2022/23, Honourable Minister, you oversaw a party primary across board that saw some candidates imprisoned and internal party democracy jettisoned for your wishes, leading to the emergence of flag bearers of our party all singlehandedly picked by you. You have on more than one occasion publicly stated that you paid for all their forms. Even those shortchanged in this process licked their wounds and continued to play their roles as party members to ensure the success of the party at all levels. In what will go down as one of the most keenly contested elections in recent Rivers history, with formidable candidates like Senator Magnus Abe of the Social Democratic Party (SDP), Mr Tonye Cole of the All Progressives Congress (APC), and the vibrant youth driven Labour Party (LP), PDP emerged victorious across board except for Phalga Constituency 1 that was lost to the Labour Party. (Not that you did not loose in some other LGA’s but let’s stick to the official figures declared by INEC).
It begs the question, why then do you want to burn down Rivers State, when everyone who now holds political office emerged through a process designed and endorsed by you? Is it that you do not care about Rivers people and you are all about yourself? If so, I am forced to believe that those around you are not telling you the truth. The truth being that in a state where your words were law; where houses and businesses could be demolished or closed down without any recourse to legalities, where Executive Orders could be deployed to stifle the opposition, that your popularity is now at an all-time low. Probably because they are afraid of you, or of losing the benefits they gain from you, they fail to tell you that what you might perceive as a battle against your successor, has slowly but gradually degenerating into a battle against Rivers State and Rivers people. You know, there is a popular saying that, a man can cook for the community and the community will finish the food, but when a community decides to cook for one man, the reverse is the case.
LEAVE FUBARA ALONE
You have gone on and on about being betrayed by Governor Siminalayi Fubara. You point fingers forgetting that some of those same fingers quick to spot betrayals point straight back at you. It is not Governor Fubara that has betrayed the PDP by working against it in the just concluded General Election, and working with the opposition at the State and Federal level to destabilise the party. It is you, Honourable Minister. It is not Governor Fubara that betrayed Rivers people by instigating a political crisis with propensity to escalate ethnic tensions in Rivers State. It is you Honourable Minister. It is not Governor Fubara that has declared himself God over all in Rivers State and has no qualms with burning the state to the ground to prove a point. It is you Honourable Minister. It is you Honourable Minister who told the world that the APC was a cancer and you can never support a cancerous party. It is you Honourable Minister who ended up facilitating the emergence of the same “cancerous” APC that has accelerated the economic decline of this country and further impoverished our people with no remorse. All so you can be a Minister of the Federal Capital Territory? The lack of self awareness is gobsmacking.
Some days back I came across a video where you talked about death and how you do not cry when you hear about the death of some people because you have no idea what might have caused it considering many a politician swear “over dead bodies” and still go back on their words. Those words made me think, and I could see the reason behind them. You see, in chosing to be God in the affairs of Rivers people, you have closed your eyes and ears to reason; you see nothing and hear nothing that can cause you to rethink on the path you have chosen. In your quest to “show Fubara” you have unwittingly united a vast majority of Rivers people behind him, so much that even those who despised him because of you, now like or love him, because of you too. In your scheming, I will advise you not to forget that “the voice of the people is the voice of God”.
Note that the war which you have or are waging against Governor Fubara, has gone beyond being merely political as you might see in your minds eye. It is now one that, fortunately for some and unfortunately for others, has evolved into a war against Rivers people. It is good to point out that no one has taken a stand against Rivers people and won. No one has gone against God and won. In your defiant characteristic manner, it will be unfortunate if you believe your own hubris and that of those around you on the possibility of you being the first to successfully go against Rivers people. It will be a needless gamble; one where if you win you create more enemies for yourself than you can withstand on your political journey, and if you lose, your legacy becomes an inglorious and irredeemable one in Rivers State, the Niger Delta, and Nigeria at large. For your sake as regards posterity, it is my greatest wish that you have a moment of sobriety and a deep reflection and introspection on this path you have chosen.
Honourable Minister, sir, what is left of your legacy is on the brink of being completely desecrated and relegated to the dustbin of our political history, and it will be a sad end to what I will say has been a wonderful political career that many can only dream of. The ball is in your court, and may God Almighty have mercy on us all and forgive us for our shortcomings.
Gabriel Baritulem Pidomson
Dr Pidomson is former Chief of Staff, Government House, Port Harcourt and former member, Rivers State House of Assembly.
In 2015, I made a conscious decision to invest my financial resources, my time, and energy into supporting Nyesom Wike’s gubernatorial campaign. I poured my heart and soul into ensuring Nyesom Wike emerged victorious even at the risk of my personal safety.
Again in 2019, I doubled down on my commitment. I invested a significant amount of money to procure campaign outfits for all twenty-three Local Governments Areas of Rivers State. I spared no expense in supplementing Wike’s election efforts in my own local government, and once again putting myself at great risk to safeguard the fairness and transparency of the electoral process.
However, despite my unwavering loyalty and sacrifices, I found myself abandoned and forgotten by Wike. Throughout his eight-year tenure, he failed to acknowledge my contributions or fulfill his promises and agreements. Even as a former Deputy Governor, Wike denied me my severance benefit.
My investment in Wike’s governorship was not just financial – it was a commitment of passion, dedication, and belief in a better future for Rivers State. Yet, his leadership style of dishonesty, greed, drunkenness and rash abuse of senior citizens brought me nothing but disappointment, misery and losses.
By the grace of God, today I speak not as a victim, but as a hero. I have accepted my losses, and I have moved on. And as I reflect on my experience, I cannot help but urge Wike to do the same and allow peace and development to reign in Rivers State.
Nyesom Wike, when you speak of investing in Governor Sim Fubara’s election, remember those like me who also invested in you. Remember the sacrifices I made, the risks I took, and the promises and agreements you left unfulfilled.
It is time for you, Wike, to let go of the past and allow Governor Sim Fubara the breathing space he needs to lead Rivers State forward. Allow him to focus on the challenges of good governance and the aspirations of the people. Spare him these unwarranted and ill-conceived political manoeuvrings founded on personal agenda and not for general good of Rivers State and her people.
I may have lost my investment on Wike, but I have not lost hope in the future of Rivers State. And together, we will continue to strive for a brighter tomorrow.
Long Live the Governor to Rivers State, Sir Siminialayi Fubara!
Long Live the Good People of Rivers State!!
Long Live the Federal Republic of Nigeria!!!
Engr Ikuru is former Deputy Governor of Rivers State.
Tele Ikuru
