Supreme Court Defence Of Justice Agim At UNICAL, “Panicky, Wishy-washy” – HURIWA

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Human Rights Writes Association of Nigeria (HURIWA), has described the trending photographic evidence of the cosy sitting of Justice Emmanuel Agim and Nyesom Wike, the Minister of the Federal Capital Territory (FCT) at the recent convocation ceremony of the University of Calabar as an unmitigated show of shame.

This was as HURIWA dismissed the attempt by the Supreme Court of Nigeria to defend the appearance of Justice Agim side-by-side Wike at the ceremony as “panicky, ground less and totally wishy-washy”.

It noted that the FCT minister, is the main backer of the 27 members of the Rivers State House of Assembly who benefitted recently from a Supreme Court judgement prepared and read by Justice Emmanuel Agim.

The rights group specifically said that Wike is the indisputable political godfather of the 27-members of the Rivers State House of Assembly who benefitted from an “incoherent’ judgment of the Supreme Court stopping allocations to Rivers State administration under Governor Siminalayi Fubara.

According to HURIWA; “Seeing Justice Emmanuel Agim and Honourable minister of FCT Nyesom Wike sitting side by side in Calabar is inexcusable. Pictures don’t lie. The best approach the nation’s apex court would have adopted is first and foremost suspend him, then issue a query to Justice Emmanuel Agim for putting up an appearance publicly at the anniversary event of the University of Calabar which raised loud suspicions of alleged affinity between the duo of Justice Emmanuel Agim and Honourable minister of 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 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.

                                                             

These were contained in a statement by Comrade Emmanuel Onwubiko, National Coordinator of HURIWA in which he said that Nigerians would not have any of the tainted explanations coupled 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 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.

The rights group explained that public perception matters so much and the only way to clear the doubts in the minds of Nigerians is to subject Justice Agim to 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 went down historical records to give a citation made by a legal luminary about the ethics of codes of conduct for judges thus: “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 further said; “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 noted that 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”.

HURIWA said what is in the perception of Nigerians about the likely friendship of the duo of Justice Agim and Wike has raised serious questions around the impartiality of Justice Agim’s recent controversial verdict against Wike’s political adversary: Rivers state governor, Siminialayi Fubara.

HURIWA therefore canvassed for the immediate suspension of Justice Agim and the constitution of a panel of the NJC to critical examine the behaviours of Justice Agim at the convocation ceremony of the University of Calabar, adding that the findings of the probe panel should be made public.

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