On the allegation by Chidi Odinkalu that the Federal High Court under the Chief judge has become like private bedroom of Wike

By Simon Chuzu Egede, MON

In a recent post on his official X (formerly Twitter) account, Professor Chidi Anselm Odinkalu, a former chairman of the National Human Rights Commission, had insinuated that the Chief Judge of the Federal High Court had become a tool in the hands of the Minister of the Federal Capital Territory, Nyesom Wike, in the on-going political conflict with the latter’s successor, Governor Fubara of Rivers State.

The post by Prof. Odinkalu was in connection with the political crises in Rivers State generated by the 27 assembly member who defected to the All progressives’ Congress (APC), and the litigations which ensued from the actions of the lawmakers which have been widely reported by the media in recent times.

From the tone of the reported post, Prof. Odinkalu concluded that the Chief Judge of the Federal High Court who sits in Abuja had pitched sides with Wike to determine the judicial outcomes of the cases instituted, and currently being heard by judges in Port Harcourt.

Perhaps, Professor Odinkalu is privy to some information he is unwilling to share with the public, who know that being the Chief Judge of the Federal High Court does not thereby amount to undertaking the judicial duties of each and every judge of the Federal High Court spread throughout the country. 

It is common knowledge that every judge, including judges of the Federal High Court act independently in the discharge of his/her judicial office without recourse to the chief judge who is merely a primus inter pares in relation to his fellow judicial officers, and therefore lacks the powers to act as lord over them to guide or determine their decisions. The Chief Judge of the Federal High Court only acts in his capacity as the administrative head of that court without being responsible for the day-to-day decisions of the individual judges.

In the case of Rivers State for instance, there is an administrative judge in charge of the Port Harcourt division of the Federal High Court who is responsible for the assignment of cases to judges in the division. Even the administrative judge is himself not responsible for the decisions of any judge in the division, as each act independently and is responsible for his decisions.

With regard to the insinuation of Prof Odinkalu that the Chief Judge has become a tool in the hands of Wike, one would think that such weighty allegations coming from such a respected member of the Bar should have been directed, with the attendant facts, to the appropriate judicial disciplinary body for investigation and sanction. Even if Prof Odinkalu’s has no faith in the disciplinary powers of the judiciary to mete out sanction in deserving cases, nothing stops him from placing the bare and hard facts at the disposal of the public for record purposes, and for the public to judge for itself.

It is disheartening that it has become the trend that judges have become the objects of attack from some persons, including Prof Odinkalu, who sadly ought to know that by virtue of the judicial office that they occupy, judges cannot join issues with individuals in defending themselves in the event of such attacks.

In any case, the view here is that such unfounded allegations by Prof. Odinkalu are unethical and could amount to professional misconduct.

The legal matters in which he is insinuating the bias of the Chief Judge are pending cases awaiting hearing and determination. By the principle of sub judice, it is prudent that Prof. Odinkalu should be very cautious in his statements on those live and sensitive matters without trying to colour the mind of the courts. If he had felt so strongly as to the bias of the Chief Judge or any judge for that matter, the avenue to vent his views is certainly not the social media without himself having not heard from both sides.

For the avoidance of doubt, it is on record that the Chief Judge of the Federal High Court has never assigned or handled any of the cases involving the parties in Rivers State. Indeed, no such matters have been filed in the Abuja division of the Court, nor any ex parte order granted to support either of the parties, especially the so- called ‘pro – Wike faction.’

EGEDE, MON is the immediate past Solicitor General of Benue State and Permanent Secretary, Ministry of Justice, Makurdi.