“The judiciary,…. has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither force nor will, but merely judgment.”
In January 1983, a suspicious fire incident did considerable damage to NECOM House, the high-rise building in Lagos that housed the headquarters of the country’s telecommunications monopoly, then known as the Nigerian Telecommunications Limited, NITEL. Alhaji Shehu Shagari was in power as elected civilian president. The belief was widespread that the fire was the handiwork of “senior officials in the building (who) had been under investigation for fraud and embezzlement that police estimated at more than $100 million.”
The NECOM House fire was another in a succession of high-profile incidents with a whiff of arson affecting public infrastructure in the country. The previous month, another fire had consumed the Ministry of External Affairs, reportedly “set by accountants who were under investigation.”
Casualty count from the NECOM House fire incident was substantial but uncertain. By some coincidence, the fire occurred the week after the fire-fighting team at the facility had been inexplicably withdrawn.
The response of the federal authorities was even more inexplicable. The 21 persons whom they chose to prosecute in connection with the incident included Ray Ekpu, at the time a senior journalist and columnist, whose crime appeared to be that he published an article after the incident suggesting that it was arson.
Also charged were Adamu Akokhia, Chief Fire Officer of the Federation; and Saidu Garba, the Divisional Fire Officer responsible for the building. While they were suspects in pending criminal proceedings, the federal authorities also suspended Adamu Akokhia and Saidu Garba from work.
Saidu Garba sued at the High Court of Lagos State challenging his suspension. While his case was still pending, the Permanent Secretary in the Ministry of Internal Affairs, John Oyegun, issued a letter sacking him from the public service.
Informed of this development, the presiding judge, Yahaya Jinadu, summoned John Oyegun to appear before him and explain why he should not be held in contempt of court. The judge subsequently found Mr. Oyegun guilty of contempt, cautioned him and required him to withdraw the letter of termination issued to Saidu Garba while his case was pending.
Despite the forbearance of the court, Mr. Oyegun failed to comply. On 3 August 1984, the court ordered his lawyer to secure compliance by his client with the order or cease participation in the proceedings until he complied. By this time, Major-General Muhammadu Buhari was in his eighth month in power as military ruler, having overthrown Shagari.
Five days later, on 8 August, then Chief Judge of Lagos State, Adetunji Adefarasin, summarily withdrew the case file from Yahaya Jinadu and reassigned it to himself, claiming that he did so at the request of the trial judge. Yahaya Jinadu denied ever having made such a request to the Chief Judge.
While Yahaya Jinadu was on pilgrimage to Mecca shortly thereafter, the Advisory Judicial Committee (AJC), then chaired by Chief Justice Sodeinde Sowemimo (the same one who infamously convicted Obafemi Awolowo two decades earlier), constituted a committee “that curiously condemned his actions and asked him to make written and verbal apologies” to, among others, the federal attorney-general, the President of the Court of Appeal, and the Chief Judge of Lagos State. Unwilling to abide an order which he characterised as “humiliation and disgrace of the judiciary”, Yahaya Jinadu served the statutory sixty-day notice of his intention to resign as a judge. In response, the regime terminated his judicial career summarily.
For being acutely aware of the duty to conserve the currency of judicial authority and being prepared to defend that, Yahaya Jinadu paid a heavy price with his career. Those who traduced him set in motion a deadly corrosion of judicial authority whose inter-generational consequences today endanger the very foundations of both the institution and the country.
Two contemporaneous events this past week dramatized how badly so. Addressing judges at the beginning of the week at a continuing judicial education event in Abuja, the Federal Capital, Chief Justice of the Federation, Kudirat Kekere-Ekun, complained about deepening public distrust of the judiciary, reminding her colleagues that “it is not enough to be impartial; we must also be seen to be impartial. The perception of bias or impropriety can be as damaging as the reality itself.”
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