By Chidi Anselm Odinkalu
When the Chief Justice Sodeinde Sowemimo constituted panel of @SupremeCourtNg to hear the appeal in the governorship case of Jim Nwobodo v. Christian Onoh in the Anambra State election petition following the Anambra State governorship election in #NigeriaDecides1983, he had Anthony Aniagolu on the panel.
On the day the panel convened to begin sitting, Aniagolu recused himself. He knew both parties well and came from the same neighborhood as Chief Onoh.
I am rather impressed that this case involving serious allegations against the son of @GovWike has been assigned to a judge of @fcthighcourt, Sylvanus Oriji, who comes from Obio/Akpor LGA in Rivers State and who is reputedly related to the Wikes.
Even if he wasn’t, he is well known to the Wikes and they come from the same neighborhood in Obio/Akpor.
Only a judiciary that is not interested in its credibility or in justice could possibly think that is proper, normal, or acceptable.
I am shocked that: 1. The Chief Judge of @fcthighcourt decided to assign this case to this judge. Surely, he is not so innocent or so naive as not to know better; and 2. The presiding judge should choose in these circumstances to accept to sit on this case.
#MindYou, the constitutional standard of #FairTrial requires that the court should be “constituted in such a manner as to guarantee its independence & impartiality.”
It is unlikely that having a judge with the genealogy of this particular presiding judge in this case meets the constitutional thresholds.
The judge is in an impossible position. Whether the case succeeds or fails, extraneous factors will be imputed. In the circumstances, I am equally surprised that the lawyers for the claimants appear not to ave not asked the presiding judge to recuse himself.
That is an obligation of professional conscience in this case. This is not a case in which justice can be seen to be done as the court is presently constituted. It is not too late for the judge to do the right & proper thing & recuse himself.
@Chidi Anselm Odinkalu
