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From Godwin Tsa, Abuja
The Human Rights Writers Association of Nigeria (HURIWA) has called for the immediate suspension of Justice Emmanuel Agim of the Supreme Court and the constitution of a National Judicial Council (NJC) panel to investigate him over alleged unethical conduct.
The call followed a trending viral photograph of Justice Agim with the Minister of the Federal Capital Territory (FCT), Nyesom Wike, at the convocation ceremony of the University of Calabar.
In a statement yesterday, HURIWA urged the NJC to critically examine the behaviour of Justice Emmanuel Agim at the convocation ceremony of the University of Calabar and publicise the findings of the probe panel.
The group dismissed as “panicky”, groundless, and totally wishy-washy the attempt by the Supreme Court of Nigeria to defend him.
It stated that seeing both Justice Emmanuel Agim and the Honourable Minister of the FCT, Nyesom Wike, sitting side by side in Calabar is inexcusable.
HURIWA said pictures don’t lie, just as the rights group argued that the best approach the nation’s apex court should have adopted is to first suspend him, then issue a query to Justice Emmanuel Agim for appearing publicly at the anniversary event of the University of Calabar, which raised loud suspicions of alleged affinity between Justice Emmanuel Agim and the Honourable Minister of the FCT, Mr. Nyesom Wike.
“The photos and visuals captured in the media of mass communication have raised serious questions about the impartiality of the jurist in the matter involving the political warring parties in Rivers state whose case was resolved controversially by Justice Emmanuel Agim to the dissatisfaction of Governor Fubara, a judgment that opened the pandora box for the illegal declaration of a state of emergency in Rivers state.
“It will take just more than a mere public relations cum media stunt from the Supreme Court of Nigeria to convince Nigerians that there is no friendship between the duo or that Justice Agim doesn’t have any relationship with one of Nigeria’s most prolific political litigant Mr. Nyesom Wike who is widely alleged to be constantly favoured by judges and justices in the nation’s court system.
“So the Supreme Court of Nigeria should wake up and smell the coffee or pretend that gullible Nigerians have swallowed hook, line and sinker the shallow defensive press statement it recently issued to defend Justice Emmanuel Agim.”
HURIWA, however, wouldn’t accept the tainted explanations cobbled together by the Information Director of the Supreme Court of Nigeria to try to clear the fog of suspicions that have swelled and swirled around the photographic evidence in which Justice Emmanuel Agim, who gave a recent favourable judgment that benefitted the political family headed by Nyesom Wike, was seen in highly cosy atmospherics as evidentially recorded through the lenses of photojournalists.
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HURIWA said public perception matters greatly, and the only way to clear the doubts in the minds of Nigerians is to subject Justice Emmanuel Agim to an internal ethics investigation by the National Judicial Council to determine if he breached any of the ethical codes governing judges and justices of Nigeria.
HURIWA cited historical records, referencing a legal luminary on the ethics of codes of conduct for judges: “Any social relationship that may give members of public an impression that he will not be impartial in deciding cases, should be avoided by a judge. Impartiality is a cardinal requirement; thus, a judge must show clearly that in respect to or in connection with proceedings in his court, he shall remain impartial.
“A judge is required to harbour no prejudice, passion or personal feelings against any party while deliberating over cases submitted to him for adjudication.
“He is required to evaluate facts as presented to him by the parties in a balanced manner without any predilection.
“He must hold the balance of the scale of justice evenly it is as a result of this fundamental requirement of impartiality that it is often said justice must not be only done but must manifestly and undoubtedly be seen to be done. See THE ADMIN & EXEC OF THE ESTATE OF ABACHA VS. EKE-SPIFF & ORS (2009) LPELR 3152 (SC).”
HURIWA asserted that the public appearance of Justice Agim and political litigant Wike has allegedly violated this ethical code. “It doesn’t matter whether Justice Agim escorted Wike to the ceremony or that he too was an honoree, but what is in issue is that photo evidence showed that both Agim and Wike displayed a convincing show of friendship during that event.”
HURIWA said legal experts are of the opinion that: “A judge is therefore required to either disqualify himself or disclose on record, where he feels he is in doubt of his impartiality in a case he is handling. Therefore, where he discloses the reason why he feels he should not hear the case and the parties still want him to proceed with the case, none of them will rely on the said reason to impugn his decision. See OLUE & ORS V. ENENWALI & ORS (1976) LPELR – 2612 (SC) where the Supreme Court in dismissing the appeal held:
“In the circumstance of the present case we cannot see how the independence or the impartiality of the learned trial judge could be impeached, the learned trial judge expressly drew the attention of the counsel and their clients to the fact that he was the counsel to one side at the early stages of the proceedings and offered to withdraw from continuing with the proceedings. Both counsel and clients expressly wanted the judge to go on.
“We cannot see how section 22 can apply in this case. We also consider the argument of learned counsel for the respondents, that the parties have expressly waived their right under section 22 as well founded.”
Besides, HURIWA affirmed the position of legal scholars that the right to challenge or impugn proceedings of any court or tribunal which was tainted by the adjudicator being disqualified by interest or likelihood of bias may be lost by express or even implied waiver of the right to object to the adjudicator at the first opportunity during the proceedings.
