IT is over three weeks since Justice Okechukwu Okeke (rtd) accused Supreme Court Justice Clara Bata-Ogunbiyi of trying to influence a case that was before him in which her daughter was a party. Since the May 27 allegation at the valedictory session for Justice Okeke, who retired from the Federal High Court, mum has been the word from the Chief Justice of Nigeria (CJN) Aloma Mariam Muktar. In an advertorial in this paper last Friday, the National Judicial Council (NJC) headed by Justice Mukhtar, who is reforming the judiciary, spoke on why Justice Okeke was reprimanded, but kept quiet on his allegation against Justice Bata-Ogunbiyi.
Justice Okeke insinuated that he might have been “seriously warned” by the NJC, a few days to his retirement because of his refusal to accede to Justice Bata-Ogunbiyi’s request. Is there any truth in his allegation? Was that the proper forum for him to raise that allegaion? Why did he wait until his retirement before speaking out? These are some of the questions being asked by watchers. Justice Bata-Ogunbiyi has since defended her intergrity, describing Justice Okeke’s allegation as fabricated. Then, who is telling the truth? To get the truth, lawyers are suggesting that a panel of inquiry be constituted on the matter.
The issue
In a May 6 letter addressed to Justice Okeke, the NJC warned the retired judge to desist from acts that are prejudicial to the integrity of the judiciary.
The letter reads: ‘‘You may wish to recall that the NJC received various petitions against you which had earlier been forwarded to you for comments. The NJC, at its meeting which was held on April 24 and 25, noted the various petitions and your responses to same. At the end of the deliberation, Council decided to seriously warn you to desist from such acts that are prejudicial to the integrity of the judiciary and the administration of justice when handling the cases that are brought before you in future, please.’’
Angered by the letter, the learned judge chose his valedictory session, which was 24 days after the warning was issued, to reply the NJC. In his response, Okeke said he would like to be remembered as a victim of injustice in the Nigerian Judiciary.
Okeke’s position
He said it was because he refused to allow Justice Bata-Ogunbiyi influence his decision in a case, which involved Assets Management Corporation of Nigeria (AMCON) on properties forfeited to the Federal Government by former Chief Executive of the defunct Oceanic bank, Mrs. Cecilia Ibru, which also involved Justice Ogunbiyi’s daughter, Mrs. Funke Ogunbiyi-Amadi, that he was queried by the NJC.
“On March 6, I received a call from the Honourable Chief Judge of the Federal High Court, Justice Ibrahim Auta that Justice Clara Ogunbiyi of the Supreme Court of Nigeria was furious with me for granting leave to AMCON, which led to the ejection of her daughter and son-in-law from No. 5A, George Street, Ikoyi, Lagos.’’ Okeke said an application to set aside the leave he granted AMCON on March 1, was filed on March 7, while ”on March 8, one Funke Ogunbiyi came to my chambers at about 9.04 am, completed the visitor’s form in which she stated her address as No. 5A, George Street, Ikoyi, Lagos, and phone number 08099912658. She was led into the chambers. She introduced herself as daughter of Honourable Justice Bata-Ogunbiyi of Supreme Court. She said her mother directed her to tell me to discharge the order of March 1, as there was no basis for the order. I advised her that since they have filed the motion on notice to set aside the order that their counsel should meet the registrar of the court for a date for their motion.’’
Justice Okeke claimed he dismissed the petition on March 27, and in a letter dated April 5, the NJC sent a copy of a petition written by the applicants and their counsel, Falana & Falana, which he received at 10: am on April 18, while his response got to the NJC on April 22.
However, in a swift reply titled ‘Justice Okeke’s valedictory lies,’ Femi Falana (SAN) denied petitioning the judge but stated that he was aware his clients petitioned him and he supported their views.
Falana noted that the same Justice Okeke, who dismissed his clients’ motion to discharge the interim order he gave in favour of AMCON on the ground that he was functus officio and advised his clients to go on appeal, turned round to frustrate the appeal by refusing to release a copy of his ruling.
‘‘The judge also deliberately refused to give our clients any date to entertain our clients’ motion for leave to appeal and stay of further execution of the interim order. Suffice it to say that Justice Okeke is lucky that he was only cautioned by the NJC before his retirement from the bench,’’ he said.
Justice Bata-Ogunbiyi’s version
Although Justice Bata-Ogunbiyi did not publicly react to Justice Okeke’s allegation, a copy of an internal memo she wrote to the CJN leaked to the press in which she accused Justice Okeke of being economical with the truth.
She said Justice Okeke misled the world into thinking that the NJC issued him a warning letter based on the exparte order he gave which affected her daughter, Funke Amadi (nee Ogunbiyi).
She said: “It is extremely ridiculous, absurd and malicious for Justice Okeke to insinuate that it is the forgoing circumstances that formed the basis for the warning letter given to him on three petitions deliberated upon by the NJC, which I know nothing about. I wish also to state that the alleged petition by all the residents of No. 5A George Street ikoyi, to the NJC has nothing to do with me.
“In view of the grey areas surrounding the case, I therefore contacted Justice Ibrahim Auta, the Chief Judge of the Federal High Court and narrated my daughter’s ordeal and therefore enquired about the laws governing AMCON case. He remarked that the laws are draconian in their application and he promised to send me a
copy, which he did a few days later.”
“On the allegation of the encounter between Justice Okeke and my daughter, Funke in his chambers, I wish to state categorically that I never instructed her to see Justice Okeke for any reason whatsoever. If she had done so in company of the evicted residents of all the flats, she acted on her own volition. She is an adult, a married woman with a family and she has a right to protect the interest of her family.
“I wish to emphasize further that I was reliably informed that my daughter was not on her own while in Justice Okeke’s chambers but in company of the other residents, their lawyer, and also the lawyer to one of the parties. The residents’ lawyer was the spokesman on their behalf, contrary to the false impression created in Justice Okeke’s speech where he painted the picture that my daughter was all on her own in his chambers.
“It is unfortunate that justice Okeke in his desperation is looking for who to make a scapegoat for the purpose of hanging on his predicament. He presupposes that his narration will gain more publicity if he centres it on a Supreme Court justice’s daughter. This is most unfair and ungodly. I will unequivocally say that justice Okeke has failed as a retired judicial officer to present to the public the true picture.’’
The NJC’s reaction
In a 14-paragraph advertorial signed by Soji Oyesina, the NJC rebuffed Okeke’s allegation that he was warned because of the petition that emanated from the AMCON case. The body said five different petitions were written against Okeke, which were all forwarded to him at different intervals and he responded.
Of the five petitions, the NJC stated that only the first three were considered for want of time. It said the AMCON petition Okeke quoted was the fifth and did not form part of its decision at the meeting of April 24 and 25.
The statement said the NJC noted that Okeke was due for retirement on May 19, as such decided to warn him to desist from such acts.
The advertorial read in part: ‘‘For avoidance of doubt, the 5th petition dated 18th March, 2013, by Engr. (Chief) Michael Afolabi Dada and 4 others, owners of the property at No 5A, Goerge Street, Ikoyi, is the AMCON case, wherein, Justice Okeke gave an ex-parte order in favour of AMCON. By the provision of Rule 2(2) of the Code of Conduct for Judicial Officers of the Federal Republic of Nigeria, ‘a judicial officer must avoid the abuse of the power of issuing interim injunctions, ex-parte’.
‘’A meticulous examination of the 5th petition and the response by Justice Okeke has shown that the exparte order granted by His Lordship in favour of AMCON established a case of misconduct contrary to Code of Conduct for Judicial Officers. However, the said petition and reaction by Justice Okeke were not considered by Council because of time constraint.
”Given the above facts, it is patent that the statement made by Hon. Justice Okechukwu Okeke at the Valedictory Court Session held in his honour that, “he was a victim of injustice in the Nigerian Judiciary,” which was published in various print media is not correct. Honourable Justice O. Okeke’s statement was nothing but a figment of his imagination, as the warning letter issued to him by Council was not as a result of the ex-parte Order he granted in respect of the AMCON’s case.’’
Lawyers react
However, with the increased public outcry against the judiciary because of the incident as well as the unpleasant reference to the feud between former CJN Justice Katsina Alu and embattled Court of Appeal President Ayo Salami, legal practitioners have called on the NJC to investigate and unearth the truth about Okeke’s comment with a view to setting the records straight.
Lawyers described Justice Okeke’s action as a move by corrupt judges who are being probed to discredit the reforms by the CJN, just as they faulted the NJC for not dismissing Justice Okeke, despite that he was to retire soon.
To them, even if the judge had just one day to go and was found wanting in the discharge of his duties, the NJC should have shown him the red card to serve as a deterrent to other erring judges.
Those who spoke on the issue included professors of Law Taiwo Osipitan (SAN) and Itse Sagay (SAN); former Nigerian Bar Association (NBA) President Chief Wale Olanipekun (SAN); Action Congress of Nigeria (ACN) governorship aspirant in Kwara State Mohammed Dele Belgore (SAN); Chair, NBA Section on Legal Practice (SLP), Mrs. Funke Adekoya (SAN); Lagos lawyer Ikechukwu Ikeji and Director, Prisoners’ Rights Advocacy Initiative (PRAI), Ahmed Adetola-Kazeem.
Osipitan said it was an unfortunate situation. It would have been better if his mouth was shut; it is a case of a sinking man looking for who to take down, said Osipitan.
‘‘The NJC has to share part of the blame; Justice Okeke ought to have been dismissed. I am aware a client of mine wrote a petition against Okeke. The judge delivered judgment orally in a case that involved my client and until he resigned, no one got a copy of the judgment. He frustrated all efforts to get a copy of the judgment and my client petitioned him.
‘‘What has Justice Bata-Ogunbiyi got to do with that? Or was it also Justice Ogunbiyi that told senior lawyers to avoid Justice Okeke’s court? Many serious lawyers have been frustrated by him and they refuse going to his court, so, he should be the last person to talk. I think his statement has to be taken with caution.
‘‘However, his statement should be looked into and other allegations against him be looked into. Anyone found guilty, whether serving or retired should be seriously dealt with,’’ he said.
Olanipekun said the approach and method of the presentation of Justice Okeke’s complaint should be investigated thoroughly by the NJC to unearth every circumstance and also decode every innuendo contained therein. He said there was the need to treat corruption in the judiciary as a national emergency, to the extent that a high-powered commission of inquiry be set up to address it.
He said: ‘‘I do not know when it has become the trend in the judiciary for a retiring judge to start taking up issues or denigrating some justices of courts of coordinate jurisdiction or of appellate courts; or accusing them of wrong doings at a public forum, where and when they cannot defend themselves. It has never happened in the history of the Nigerian judiciary and that valedictory session of Justice Okeke will go into the Guinness Book of Records.
‘‘The legal profession that we know and to which we have subscribed is a very disciplined and conservative one. How be it, there are inbuilt channels of presenting complains and agitations.
‘‘It is shameful enough that at this point in time, what is being orchestrated is corruption in the judiciary, although among a minority clique within the members of the bench. The present CJN, who doubles as Chairman, NJC, needs the encouragement and support of those who mean well for the legal profession, to nip this disease in the bud. Corruption to my mind does not spare any tribe or religion. A corrupt judge has no respect for litigants, whether he is Yoruba, Igbo, Hausa, Ijaw or Ibibio; or whether he is a Christian, Muslim or atheist.
‘‘What I see happening in respect of the valedictory rendition of Justice Okeke is that some of us lawyers with our posturing on the internet already calling for the crucifixion of Justice Bata-Ogunbiyi , have taken sides even without hearing her, swallowing hook line and sinker, what Justice Okeke said. In the process of doing this, I can see some sentiments of tribalism, which is aimed at this goal: ‘We have to defend and protect our own.’ The posturing portends imminent danger to the entire legal profession, as nobody wants to care again about the antecedents of any judge.
‘‘But, let me end this contribution with a parable by referring to the Holy writs-the Bible, particularly the book of Chronicles in relation to each of the good and bad kings of Israel. Whenever each of them died; the bible records that their goods or evils were recorded for them in the chronicle of the kings of Israel.
‘‘In other words, we know the goods and the evils that some judges have done. My solution to the entire corruption saga is that we have to move beyond the NJC level and treat it as a national emergency matter, which will call and demand the setting up of a high-powered commission of enquiry as was done in Britain in the early 1620s.
‘‘To my mind, the entire problem has to be holistically confronted once and for all. Lastly, in the interim, the approach and method of the presentation of Justice Okeke’s complain, the NJC should investigate thoroughly and unearth every circumstance, and also decode every innuendo contained therein. The NJC should also let the public know of the outcome.
‘‘As at the time Justice Okeke raised these issues, he was still a judicial officer and the NJC has the jurisdiction to formally invite him to substantiate his allegations. This will serve a rectangular interest:-that of Okeke himself; the interest of the respected Justice Bata-Ogunbiyi; that of the NJC and the interest of justice.’’
Sagay said it would have been honourable if Okeke had stated his complaints to the NJC in confidence. He said as a judge, it was wrong for Okeke to have made such public statement.
‘‘As a judge, you should not be washing the dirty linen of the judiciary in public. Secondly, Justice Bata-Ogunbiyi had replied and started clearly that she has nothing to do with it and that if he daughter had approached Okeke, she did so because they were affected.
‘‘The fact that she is the daughter of a Supreme Court Judge does not mean it was the Supreme Court Justice who orchestrated anything that has happened. Honestly, I think it is because there has been some bad incidences; people are now jumping to conclusions at the slightest rumour or exaggerating things.
‘‘To me, this is not a major issue and I think people should discard it. Bata-Ogunbiyi has established a reputation as a very upright judge and personally, I will be reluctant for that reputation she has built over the years to be sordid by unsubstantiated allegations. Okeke did not do the right thing and I see no substance in the allegation.
‘‘No report was made to the NJC by Okeke, he just came out and made a public statement, so, i think they should just ignore it.’’
To Odukoya, Okeke is as culpable as Ogunbiyi’s daughter for not taking necessary actions when Justice Ogunbiyi’s daughter allegedly came to him in respect of the matter.
She said: ‘‘The only way to maintain the confidence rebuilding exercise in Nigeria’s legal system is for prompt action to be taken when reports of an attempt to influence the judiciary are made by anyone, whoever may be involved and no matter how highly placed the alleged culprit may be. Such reports must be investigated fully and transparently, and if disciplinary action is required, such action must be seen to be commensurate with the infraction and speedily dispensed.
‘‘When Justice Okeke was approached by Justice Ogunbiyi’s daughter as he alleged, why did he not ‘blow the whistle’ immediately at that time? He could have ordered the arrest of the lady for attempting to pervert the cause of justice, could have reported Justice Ogunbiyi to the NJC, or complained to her privately about her alleged interference.
‘‘He did none of these, and so if his story is true, he is just as culpable of attempting to destroy the judicial system by keeping quiet. It is only because he was cautioned by the NJC, whether in respect of the matter involving Justice Ogunbiyi’s daughter or other matters that he told his side of the story while responding to addresses made during his valedictory court session.
‘‘The allegation against Justice Ogunbiyi must be fully investigated and quickly too if the increasing wave of confidence in the judicial system is to be sustained. Since Justice Okeke alleged that Justice Ogunbiyi called Justice Auta in respect of the matter, unravelling the truth is not left to a ‘your word against mine’ scenario, in which any decision is inconclusive.’’
The NJC’s silence should not be taken as a failure to react to the allegations raised by Justice Okeke, said Belgore.
‘‘For the NJC to function properly and bring respectability to the judiciary it must operate outside of the public glare. It is regrettable that Justice Okeke chose his valedictory ceremony to attack a fellow judge and back handedly the NJC as well. The NJC was right not to take the bait.
‘’The NJC still remains a viable channel for Judges to lodge their complaints and seek refuge for interference with their judicial functions. The system isn’t broken. You will from time to time get situations where it appears inadequate, but by and large it works and it should be strengthen. Real and wholesome reform of the judiciary however, must start from the court system, the bar, leading to the appointment of judges and then their tenure of office and independence of the most senior judges,’’ he added.
Ikeji said a public hearing/investigation should be conducted, which will be headed by someone who is not a legal practitioner.
‘‘The Justice Okeke/Justice Ogunbiyi issue is just a tip of the iceberg of the rot in our judiciary. It is no news to us who are in the system. There is no smoke without fire. The way forward is to conduct a public hearing/investigation to be headed by a non-lawyer, not even a judge although either can be a member.
‘‘All parties must be made to come forward to testify. This is a quasi-judicial enquiry that must be isolated from the influence of fellow judges or lawyers who may have sympathy for either party. The result of the enquiry must be made public and appropriate sanctions meted out to any person found blameworthy,” he said.
Adetola-Kazeem said the way out is for a prompt investigation of all corruption allegations against judicial officers as well as sanctioning appropriately anyone found wanting.
‘‘The case at hand involves a Supreme Court Justice, if she is found guilty and the NJC under the leadership of the CJN sanctions her, it will send a strong message to Judicial officers i.e. Judges and Magistrates to the effect that no one is above the law,’’ he added.
