Attack on Odili’s Residence: A Desecration of Nigeria’s Judiciary

When the homes of judicial officers were massively invaded by the DSS in October 2016, the nation was aghast, and Nigerians condemned the invidious act unreservedly. Many intoned ‘Never Again!’ And, little did anyone imagine that such an ugly incident would occur again. However, on Friday, October 29, 2021, at the residence of Honourable Justice Mary Ukaego Peter-Odili, the second highest ranking Justice of the Supreme Court of Nigeria, there was a nightmarish encounter with members of various security agencies. They invaded her residence at No. 7 Imo Rivers Street, Abuja under the cover of darkness. The operation which was carried out on the strength of a dubious Search Warrant issued by a Chief Magistrate, is now the subject of controversy, as the Magistrate claims that he was misled into issuing the warrant, and the Attorney-General of the Federation and the heads of the other agencies involved in this unfortunate incident, have denied that they participated in it. Would any security agency, without the support of someone or people in high positions of authority, have the audacity to launch such an attack on the residence of the No. 2 Judicial Officer in Nigeria? Femi Falana, SAN, Aikhunegbe Anthony Malik, SAN, Sylvester Udemezue and Joseph Otteh go into the heart of the issues, and the unsavoury implications of the incident on Nigeria’s fledging democracy in this Discourse

‘There is More to the Second Attack on Justice Odili than Meets the Eye’

Femi Falana, SAN

Introduction

On February 21, 2020, a gang of armed thugs invaded the residence of Justice Mary Peter-Odili at Abuja, and subjected her to unwarranted intimidation. The protesters claimed that they were dissatisfied with her judgement, in an appeal that was decided by a full panel of Seven Justices of the Supreme Court of Nigeria. At the material time, both the All Progressive Congress and the People’s Democratic Party, pointed accusing fingers at each other for the unwarranted intrusion. But, the Police and other security agencies, ignored calls for the investigation and prosecution of the criminal suspects who invaded the residence of the Justice.

The October 29, 2021 Episode

Since the armed thugs were treated like sacred cows last year, Honourable Justice Mary Peter-Odili was subjected to further intimidation in the same house, by a combined team of Police and Military personnel on October 29, 2021. Based on an affidavit deposed to by a senior Police officer, CSP Lawrence Ajodo, the Joint Panel Recovery of the Office of the Attorney-General of the Federation applied to a Chief Magistrate in Abuja, seeking a search warrant to search Mrs Justice Peter-Odili’s house. The Chief Magistrate, Emmanuel Iyanna, subsequently approved the search warrant. Consequently, a combined team of Military and Police personnel invaded the house and carried out a search which lasted about five hours. At the end of the search, nothing incriminating was found in the house. Hence, she was not arrested and taken to a detention facility by the goons.
Based on the huge embarrassment caused by the invasion, the Economic and Financial Crimes Commission (EFCC) has denied involvement in the illegal search of the residence of Justice Peter-Odili. The State Security Service (SSS) has stated that its officers were not involved, in the execution of the search warrant. The Inspector-General of Police has said that the Nigeria Police Force did not authorise the Police personnel who took part in the raid, while the Attorney-General of the Federation (AGF), has denied involvement in the issuance of the search warrant.

Questionable and Baseless Search Warrant

However, the denial of the AGF has been questioned by the Magistrate who issued the controversial search warrant. Indeed, when it dawned on the Magistrate that he had been used and misled to issue the search warrant, he decided, rather belatedly, to wash his hands off like Pontius Pilate. According to him, “Upon misrepresentation to this honourable court that led to the issuance of a search warrant in favour of Joint Recovery Panel, Ministry of Justice, against House 9, Imo Street, Maitama, Abuja, dated October 29, 2021. “In view of the above fact, the said search warrant is hereby revoked”.

Having regard to the facts and circumstances of the episode, it is indisputable that the search warrant was anchored on illegality. First, the man who applied for the search warrant alleged that certain illegal activities were going on at large, in the entire city of Abuja in the Federal Capital Territory! Second, the application was argued by a Lawyer from the Joint Recovery Panel, a body that is unknown to law. Not a few people have said that it is part of a grand design, to prevent Justice Peter-Odili from becoming the Chief Justice of Nigeria after the tenure of Justice Tanko Muhammad. This is off the track as her Ladyship is is due to retire next year upon attaining the compulsory retirement age of 70 years, while the Honourable Chief Justice Tanko Muhammad is due to retire in 2023.

In a very strong language, the Supreme Court Management condemned the raid and said that it was carried out “in a Gestapo manner that unfortunately depicted a gory picture of war by some armed persons suspected to be security operatives representing different agencies of Government, who seemed to have come to kill and maim their target under the guise of undertaking a search whose warrant was questionable and baseless”. In a statement by its Director, Press and Information, Festus Akande, the Apex Court said that “We are deeply saddened and taken aback by this uncivilised and shameful show of primitive force on an innocent judicial officer that has so far, spent several years of her productive life serving the country she calls her own”.

Rising to the Occasion

Apart from condemning the invasion, the Body of Senior Advocates of Nigeria (BOSAN) was reported to have set up a three-member Committee to probe the incident. After the meeting with the AGF, Mr Abubakar Malami, SAN over the illegal search of the residence of the Honourable Justice Mary Peter-Odili, the Committee should interview the victim of the illegal raid, the Honourable Justice Peter-Odili, the Lawyers who applied for the search warrant, the Magistrate who issued the search warrant, as well as the heads of the Police and Military personnel who executed the search warrant. Furthermore, notwithstanding that the Magistrate has, suo motu, revoked the search warrant, the Committee should interrogate him over his claim that he was misled to issue the search warrant by the Ministry of Justice.

Unlike in the recent past, the legal profession has risen to the occasion with determination to end the unwarranted intimidation of Nigerian Judges. The National Judicial Council (NJC) alleged that those who invaded Mrs Justice Peter-Odili’s house, wanted to eliminate her. The President of the Nigerian Bar Association (NBA), Mr Olumide Akpata, summoned a virtual meeting of the National Executive Committee of the NBA last week. The NEC members who attended the meeting, unanimously resolved to report the Lawyers involved in the invasion of Mrs Justice Peter-Odili’s residence to the Legal Practitioners Disciplinary Committee and Legal Practitioners Privileges Committee. On its own part, the three-member BOSAN Committee headed by Asiwaju Adegboyega Awomolo, is to conduct an inquiry into the incident.

Apparently embarrassed by the action of the BOSAN, the President of the NBA reacted angrily and insisted that, only the NBA is competent to speak for the legal profession in Nigeria. However, the NBA has directed the Chairman of its Public Interest Section, Mr Monday Ubani, to conduct an inquiry into the invasion of Mrs Justice Peter-Odili’s house. Since both the BOSAN and NBA are desirous to ensure that the culprits are brought to book, they should refrain from working at cross purposes. In view of the announcement of the Inspector-General of Police, Mr Alkali Baba, that the suspects have been identified and arrested, the NBA should task the BOSAN with the responsibility of prosecuting all the persons who subjected the Honourable Justice Mary Peter-Odili to mental and psychological torture in contravention of Section 2 of the Anti Torture Act, 2017.

Conclusion

No doubt, the attack is meant to intimidate the Judiciary, as Nigerian Judges are expected to blow muted trumpets under the Buhari administration. After all, members of the legal profession have been cautioned, to realise that national security takes precedence over the rule of law. But, since the intimidation of Mrs Justice Peter-Odili cannot be justified, the Federal Government should distance itself from the attack. In Ransome-Kuti v Attorney-General of the Federation (1985) 1 NWLR (Pt 6) 124, Kayode Eso JSC said that the burning of the house of the Appellants by the so-called “unknown soldier” was perpetrated by a detachment of the Nigerian Army. In the instant case, since the search warrant did not cover Justice Peter-Odili’s house, there was no justification whatsoever for infringement of her fundamental right to privacy. To that extent, the Federal Government, whose Military and Police personnel perpetrated the illegality, ought to apologise to Mrs Justice Peter-Odili. This is without prejudice to the investigation ordered by the Inspector-General of Police.

Femi Falana SAN, Human Rights Lawyer; Recipient of the Bernard Simmons Award of the International Bar Association