In a letter addressed to NJC’s Chairman, Justice Kudirat Kekere-Ekun, on October 14 and a certified true copy made available to newsmen on Tuesday in Abuja, the group also accused the judge of misconduct.
The petition was signed by 10 lawyers, including Ademiloye Oladotun, Balogun Adeyemi, Fadeshola Alice, Ola-Ojo Samuel, Olayinka Ibrahim, Adebayo Joel, Akintoye Bayonle, Ogundare Kayode, Adaramola Olakunle and Igandan Olawunmi, on behalf of 54 lawyers, who are members of the vanguard.
The petition was titled: “Invitation to Probe Justice Emeka Nwite of the Federal High Court, Abuja, for Manifest Judicial Rascality, Inconsistent Rulings, Bias, Conducts Capable of Causing Public Distrust in the Judiciary, Injustice and Inappropriate Use of the Court.”
The legal practitioners further accused Justice Nwite of alleged bias and desecration of the hallowed temple with unjust conduct. The lawyers alleged that the judge restrained the Economic and Financial Crimes Commission (EFCC) from probing Oluwaseun Odewale, a former aide to ex-Governor Kayode Fayemi of Ekiti State, and Ariyo Oyinkolawa Adesola.
The group said Justice Nwite, who shielded the duo from prosection on their alleged role in corruption cases, was the same judge who issued a bench warrant for the arrest of a former Governor of Kogi, Alhaji Yahaya Bello, despite the pendency of an order of a state’s High Court stopping his arrest and prosecution.
The lawyers alleged that justice had become a commodity in favour of the highest bidder whenever cases were brought before Nwite. They, therefore, demanded the urgent intervention of the NJC.
The letter reads: “It is no longer noble or golden to hold our peace or maintain silence in a situation capable of destroying the very tenet and fabric that holds the foundation of our justice system.
“To maintain muteness in a time as this is to condone sacrilege and aid things capable of bringing the nation to great disrepute.
“Flowing from the above, we humbly invite the NJC to take a critical look at the conduct of Justice Emeka Nwite of the Federal High Court, FCT-Abuja.
“In recent actions and decisions made by Justice Emeka Nwite in the courtroom, we have observed a clear pattern of behaviour that suggests a lack of impartiality, adherence to the rule of law, adherence to court order, judicial fidelity, and fairness.
“This perception not only undermines the integrity of the judicial system but also erodes public confidence in our courts and breeds dissatisfaction among the litigants and general public.
“It is our great concern that Justice Emeka Nwite has unfortunately become notorious in delivering inconsistent judgments against the spirit of the age-long principle of stare decisis, and has often been alleged to be a pliable tool in the hands of corrupt individuals and overzealous institutions in the abuse of executive and judicial powers.
“Corrupt individuals have also found his court to be a safe haven and escape route from the long arm of justice. More unfortunate is the fact that justice is now becoming a commodity to the highest bidder.
“It is shocking that the same Justice Emeka Nwite who restrained the EFCC from probing Oluwaseun Odewale, and Ariyo Adesola is the same judge who issued a controversial bench warrant for the arrest of the former Governor of Kogi State, Alhaji Yahaya Bello, despite the pendency of an order of a State High Court stopping his arrest and prosecution.
“It is unjustifiable in the circumstance that a judge would reprobate and approbate; issue an order stopping EFCC from probing Adewale of corruption and on the other hand, issue a bench warrant for the arrest of someone that has a valid court order stopping his arrest and prosecution.
“It is a basic principle in law that where a restraining order is issued against any agency from arresting or prosecuting an individual, the only remedy for such an order is either to be vacated by the same court which gave it or on an appeal, unturned by a higher court.
“Thousands of applicants have obtained such orders and remain binding until vacated or upturned. So, while the court restraining order subsists, the status quo is maintained and nothing shall be done to flout it.”
“Albeit, Justice Emeka Nwite had the knowledge of the existing order, he neither sought its enforcement, vacation nor to be upturned by the higher court, but he went ahead brazenly to give an order of arrest which violated and flouted the existing valid court order but did to the contrary to favour ex-Governor Kayode Fayemi’s aides.
“This is a double standard, my Lord,” the lawyers told Kekere-Ekun.
They also recalled how Nwite granted an exparte application to the police to arrest Edison Ehie, the Chief of Staff to Gov. Siminalayi Fubara of Rivers, and five others over their alleged complicity in the burning of the Rivers State House of Assembly.
They expressed dismay that the judge later set aside the order after being exposed.
“This strange practice and recalcitrant behaviour of Justice Emeka Nwite has brought shame to the hallowed temple of justice and subjected our judicial system to public ridicule.
“It has also continued to erode the confidence of the people in the abilities of the court to give consistent and non-conflicting rulings in the same matters before it and worse still, Justice Emeka Nwite is pushing a dangerous idea that the order of court should not be obeyed.
“The needless bias, conflicting court orders, and flouting of a subsisting court order or abuse of it by the Honourable Justice portend a worrisome and dangerous precedent.
“As Senator Elizabeth Warren would say, ‘When judges allow their biases to affect their judgments, they undermine the very foundation of justice.”
