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The National Judicial Council (NJC), on the 1st of Dec. 2022 reinstated Justice Ofili-Ajumogobia as Judge of the Federal High Court. The Judge had been standing trial since 2019 on charges of unlawful enrichment, illegal concealment, corruption, and forgery among others. The NJC’s decision comes on the heels of a High Court Judgment quashing the recommendations of the Council that led to Justice Ajumogobia’s dismissal.
Access to Justice’ Concerns
The NJC’s decision to reinstate Justice Ofili-Ajumogobia, in the face of serious and damning accusations against her, which the Council itself investigated and substantiated, is deeply unfortunate. The Council’s decision will cast a long, dark shadow over the Judiciary for a long time to come and amplify questions about whether the Nigerian Judiciary can continue to legitimately exercise judicial power.
A Judiciary’s legitimacy rests on the pedestal of public confidence and trust. A Judiciary that cannot offer that trust loses the moral authority to sit in judgment over others. By now foisting a Judge with an incredible load of baggage – details of which, by the way, are in the public domain—to sit in judgment over cases involving other people, the NJC pollutes the justice delivery process and violates the rights of litigants to a fair trial before a Judge with requisite skills and reputation.
The Council’s decision is a grievous, staggering, inconceivable misjudgment and plumbs new depths of ridicule for the Judiciary. The decision will further evoke strong concerns about the kind of Judiciary Nigeria operates, and whether the NJC, as presently constituted, can faithfully function as an accountability and oversight institution.
The NJC badly managed the Justice Ofili-Ajumogobia case, and the question is why? This is the same Council that found Justice Ofili-Ajumogobia guilty of serious misconduct and recommended her removal. A high court may have quashed its recommendations, as well as ordered the Judge’s reinstatement, but the NJC had ample opportunity to defend its position with a high court press through appellate corridors. Why did the Council capitulate so quickly without a contest? And what does that capitulation say about the seriousness of the NJC in maintaining integrity in the Judiciary?
The NJC’s decision badly tarnishes the image of the Nigerian Judiciary and diminishes the image and credibility of all those who serve in the Judiciary, including honest, conscientious Judges, and tars them with the same brush used in fixing Justice Ofili-Ajumogoba reabsorption.
It is such a hugely disappointing decision that it is fitting to ask the government to take another serious look at overhauling the Judiciary to save Nigeria’s Judiciary—or what remains of it —, safeguard the rule of law and reinspire public confidence in the machinery of justice.
Access to Justice urges the NJC to immediately rescind its decision to reinstate Justice Ofili-Ajumogobia.
Joseph Otteh
Convener
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