Human rights lawyer Professor Chidi Odinkalu has criticised Nigeria’s Chief Justice, Justice Kudirat Kekere-Ekun, for attending the flag-off ceremony for the construction of new judges’ quarters on land previously allocated to construction giant, Julius Berger.
The ceremony, organized by the Minister of the Federal Capital Territory (FCT), Nyesom Wike, took place on a plot of land controversially taken from Julius Berger due to alleged underdevelopment.
Odinkalu’s criticism comes amid debates over the judiciary’s integrity and its relationship with the executive.
Wike’s decision to revoke the land has raised serious questions, as it was previously allocated to Julius Berger over 20 years ago.
During the event, Wike explained that the land had been idle for decades and needed to be put to use.
“My Lord, let me bring to your notice,” Wike said. “I was driving around looking for empty land, and I saw this one with a big sign saying ‘Julius Berger’. I called the Director of Lands and asked who owned it, and he said it was allocated to Julius Berger 15 or 20 years ago.”
Wike claimed that, despite the land being allocated years ago, Julius Berger had taken no action to develop it.
To Wike, this was a missed opportunity to benefit the public, especially the judiciary.
In a swift move, he revoked the allocation “in the public interest” and announced plans to construct quarters for judges.
Critics, however, view this revocation as questionable and potentially dangerous.
Odinkalu took to social media to voice his concern, arguing that the Chief Justice’s presence at the event could imply judicial support for Wike’s decision.
He posted, “The FCT minister unilaterally revoked Julius Berger’s land, gave it up for construction of judges’ quarters, invited the Chief Justice to flag off the project, and the CJN went. The CJN going is the problem.”
Odinkalu warned that such appearances could harm public confidence in the judiciary’s independence.
He questioned what message the judiciary sends by aligning itself with controversial government actions.
“If Julius Berger decides to contest the revocation, what confidence would it have in the judiciary, when the CJN herself attended the flag-off?” Odinkalu asked.
This issue touches on a deep-rooted concern in Nigeria regarding judicial impartiality.
Odinkalu cited the Revised Code of Conduct for Judicial Officers, pointing to Rule 2.8, which states that judges should avoid close relationships with frequent litigants, including government officials.
The rule is designed to prevent any appearance of favoritism, Odinkalu said.
“Rule 2.8 is clear about judicial officers keeping distance from those who may frequently appear in their courts,” he explained. “Attending an event on revoked land is a breach of this principle.”
His concerns highlight a wider debate over judicial independence and how it can be affected by perceived alliances with government officials.
Justice Kekere-Ekun’s presence at the event was seen as endorsing Wike’s action, which critics argue sets a dangerous precedent for the rule of law.
While Wike framed the revocation as a means to support the judiciary by providing housing for judges, Odinkalu and others see it as an infringement on due process.
Wike recounted how he had invited the Managing Director of Julius Berger to dinner, but did not discuss the land.
He explained that the revocation letter was sent the following day as a matter of public policy.
This approach has raised eyebrows, with many questioning if due process was followed.
The Nigeria Bar Association (NBA) also weighed in, with some members expressing concern over the implications of the revocation and the judiciary’s role in the matter.
One senior lawyer, who preferred to remain anonymous, commented, “The judiciary is supposed to be a neutral body, not involved in land disputes where it may later be required to adjudicate.”
The lawyer warned that such associations could cast doubt on the court’s objectivity if a lawsuit were filed by Julius Berger.
Julius Berger, a prominent German construction company, has been in Nigeria for over four decades, with significant projects in Abuja and Lagos.
The company was awarded the land over 20 years ago, but Wike’s remarks suggest it was never developed as required by the terms of the allocation.
