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Reassessing Justice Adumein's Elevation to the Supreme Court Amid Disturbing Kano Controversies:

An Urgent and Pressing Ethical Conundrum for Nigeria's Judiciary
Feature Article Justice Adumein, Justice Dongban-Mensem and CJN Ariwoola
SUN, 14 JAN 2024 LISTEN
Justice Adumein, Justice Dongban-Mensem and CJN Ariwoola

In a nation where judicial integrity is notably challenged, the paramount importance of upholding democracy becomes evident. Recent events have given rise to serious concerns regarding the state of the Nigerian judiciary. Justice Moore Adumein has found himself at the heart of a contentious judgment that has ignited a fervent debate surrounding issues of legal ethics, integrity, responsibility, and accountability.

The saga began with the Kano State governorship appeal, a case far from ordinary. It revolved around the dispute stemming from the Kano State governorship election, where the All-Progressives Congress (APC), on behalf of its candidate Nasiru Gawuna, challenged Governor Abba Kabir Yusuf of the New Nigeria Peoples Party (NNPP). The suit was predicated on alleged forgery of NNPC membership cards by Governor Yusuf and vote manipulation by INEC in favor of the governor. What made this entire matter even more unprecedented is that the tribunal announced its decision via Zoom, leaving lawyers and journalists outside the courtroom. The judgment at the Kano High Court complex on Miller Road is currently being read virtually via Zoom, as the panel members are not physically present in the court. However, the parties involved in the case, along with lawyers, media professionals, and other accredited individuals in the courtroom, are currently tuned in and listening to the judgment.

This unusual approach raises questions about the reasons behind it, including the possibility of external political or other influences.

Justice John Inyang Okoro of the Supreme Court delivered a pivotal judgment in a 5-member panel, addressing two critical issues: the cancellation of 165,616 votes attributed to Governor Yusuf and the lower court's jurisdiction over Governor Yusuf's NNPP membership.

Justice Okoro contested the Court of Appeal's affirmation of the tribunal's decision that Yusuf did not secure the majority of legitimate votes in the March 2023 governorship election. In a landmark decision, Justice Okoro and the panel emphasized that a ballot paper without an INEC mark should not be automatically considered invalid. This decision reversed the Court of Appeal's judgment and reinstated the disputed ballot papers for Governor Yusuf.

He also addressed Governor Yusuf's NNPP membership, asserting that it falls within the internal affairs of a political party and is beyond the courts' jurisdiction. He emphasized that Section 177 (c) of the Constitution pertains to independent candidates, not party memberships.

The actions of Justice Adumein's 3-person panel raise questions about the possibility of poor judgment, external influence, judicial activism, or a lack of due diligence. While Justice Okoro's judgment revealed the confusions and poor legal processes surrounding the appellate decision, his remarks during the proceedings sparked a national outcry as he and his panel revealed discrepancies in your panel's findings. He emphasized the need for judges to be meticulous, rebuking the appellate court for a perceived lack of precision. This underscored the importance of careful consideration within the judicial process.

Controversy flared into a firestorm when the Certified True Copy (CTC) of the judgment starkly contradicted the open court ruling. In the CTC, the appellate court decisively overturned the tribunal's decision, slapping a hefty cost of N1,000,000 against the APC in favor of the NNPP. This glaring contradiction incited not just outrage but a vehement demand for a thorough investigation. The Okoko-led panel astutely recognized the misconduct or dubious maneuvers within Adumein's rulings and responded with a resounding declaration of justice.

In the midst of recent controversies, the National Judicial Council (NJC) faces a pivotal decision regarding Justice Moore Adumein's elevation to the Supreme Court. The close scrutiny of his panel's decision in the Kano gubernatorial matter, over which he presided, has sparked profound concerns. The series of contentious rulings and the questionable judgment have cast a shadow over the appropriateness of his elevation.

As a concerned Nigerian and a psychologist deeply committed to ethical and democratic values, I strongly advocate for Justice Adumein to consider withdrawing from the elevation process. This decision would signify a dedication to upholding the highest standards of justice and ethics, demonstrating a profound sense of responsibility.

In a society where ethical concerns often recede into obscurity, and where morality and democracy should be our guiding principles, Justice Adumein's potential ascent to the Supreme Court amid this controversy compels us to delve deeper. Even if the Chief Justice, the President, the National Assembly, and the NJC opt to downplay these ethical and legal concerns, possibly influenced by institutional factors or power games, Justice Adumein should engage in deep introspection.

These concerns were underscored by the Justice Okoro 5-man panel, which found aspects of his conduct during the Kano gubernatorial case deeply troubling, lacking meticulousness, and displaying unusual characteristics. Therefore, Justice Adumein, before taking that significant step into the Supreme Court, I implore you to explore the potential consequences and reflect on the profound impact this decision holds for justice and ethics in our ever-evolving society.

History will not turn a blind eye, and ethics and morality will not be silenced by the institutional sphere of corruption. The depth and gravity of the controversy surrounding this matter cannot be ignored. The Supreme Court, which Justice Adumein is about to join, has already rebuked him, not only on legal aspects but also for a lack of professional decency, meticulousness, and a demonstrated misunderstanding of his role.

In this context, I earnestly implore Justice Adumein to reflect upon his own sense of dignity. It is essential to consider the message sent to Nigeria and the judiciary by voluntarily withdrawing from the swearing-in ceremony. By taking this step, he would signal his recognition of the ethical and moral responsibilities inherent in his role as a judge. Upholding these principles is not only a professional obligation but also a moral imperative that cannot be compromised.

Justice Adumein, I implore you to delve deep into your conscience and make the right choice for the sake of justice, ethics, and the integrity of Nigeria's judicial system. As someone deeply committed to ethical and democratic values, I urge you to reflect on the profound implications of your actions. Consider the aspirations of the children who dream of becoming lawyers, the current youths diligently studying in law schools, and the future of a young but growing society. Your decisions impact not only the present but also the trajectory of the legal profession and the justice system in Nigeria.

Take this moment to engage in introspection. Learn from the controversies and challenges surrounding your recent judgments as an appellate judge. Acknowledge the lessons derived from the ethical and moral dilemmas you face. I dare say, contemplate leaving the bench and the judiciary. Embrace the role of a law lecturer, where you can impart your invaluable wisdom and experiences to the next generation of lawyers. Your unique perspective, gained from this controversy, can serve as a profound resource for molding ethical, just, and principled legal professionals.

Justice Adumein, please reconsider the impending swearing-in of Olukayode Ariwoola as the Chief Justice of Nigeria (CJN). Ariwoola's leadership has faced scrutiny, particularly concerning nepotism. While Justice Monica Dongban-Mensem, your direct boss and President of the Court of Appeal, has her own issues of nepotism, she is at least speaking out against undue pressure on the judiciary compared to Ariwoola. It is essential to check your conscience, as some words of rebuke to you and your panel are quite remarkable. I implore you to say no to this elevation.

For the sake of the constitution and the integrity of the judiciary, I encourage you to engage in a private conversation with Justice Dongban-Mensem. She recently pleaded with politicians and indirectly with vulnerable judges to stop putting the judiciary under undue pressure and exposing it to shame, as seen in your current matter.

In democratic nations worldwide, Supreme Courts often engage in constructive criticism of their colleagues in lower courts, including appeals courts. However, the direct rebuke and indictment from the Supreme Court Justices, Okoro and Emmanuel Agim, known for their unwavering commitment to truth and justice, should not be underestimated. They tagged your actions negatively as a judicial officer who has not followed due legal process in this matter.

The aftermath of the Supreme Court's judgment affirming Governor Yusuf's victory in the Kano State governorship election has revealed intriguing dynamics and statements made by key political figures. Governor Yusuf's expression of gratitude to President Bola Tinubu and Vice President Shattima for not politically influencing the judgment, despite purported pressure from "disgruntled quarters," has raised concerns.

In any legal case, it is generally considered inappropriate for a party involved, in this case, Governor Yusuf, to publicly thank political figures for not influencing a court judgment. Such statements can undermine the perception of the judiciary's independence and impartiality, which are essential for maintaining its integrity. There is speculation that Yusuf may be alluding to the possible involvement of former Kano State Governor Ganduje and National Chairman of the All Progressives Congress, Abdullahi Umar Ganduje, and their associates in attempting to influence the outcome.

The possible role of Ganduje in influencing the decisions of the election tribunal and the varying judgments under Justice Adumein's leadership remains unclear. Notably, his assertive statements that Yusuf was defeated at the tribunal, appellate court, and his party would confidently "win" again at the Supreme Court are both alarming and challenging to accept at face value. The manner in which these assertions unfolded throughout the Kano case undeniably fuels suspicions of external influences on the legal proceedings.

The comical reminder of former Kano State Governor Ganduje's alleged receipt of bundles of dollars in a video adds an ironic twist to the situation. It implies potential legal challenges and stress from Governor Yusuf's government and Ganduje’s predecessor, Senator Rabiu Musa Kwankwaso, after this legal battle.

In a country plagued by corruption and ethical challenges, cases like these emphasize the need to assess public officials, including judges, for their psychological, ethical, and moral fitness. Such assessments can prevent issues affecting their decision-making and uphold institutional integrity.

In light of these ethics and democratic concerns, Justice Adumein faces intense scrutiny. He must provide comprehensive explanations to all involved parties and the Nigerian justice system. The irregularities raise doubts about the judicial process, demanding immediate transparent clarification.

The lead judge, Justice Adumein, must answer to Nigerians and the justice system regarding this unusual and confusing situation, which has raised serious doubts about the accuracy and consistency of the legal process. The Chief Registrar of the Court of Appeal, Mr. Mohammed Umar Bangari, has described these discrepancies as mere clerical errors, but the gravity of the situation demands a thorough investigation and clarification.

The Supreme Court's decision to uphold the Certified True Copy (CTC) judgment and rebuke the one read in court by Justice Adumein is a positive development that reaffirms the judiciary's integrity. However, it's important for Nigerians not to assume that the Supreme Court has entirely redeemed itself. This is the same court that sent Ahmed Lawan back to the senate without participating in senatorial primaries. It's also the same court that made Hope Uzodinma the Governor of Imo State, despite coming a distant to his oppositional competitor.

These developments highlight the challenges the judiciary, especially Justice Adumein, faces in balancing legal processes. They emphasize the need for transparency, accountability, and reforms to preserve the judiciary's independence.

In light of these developments and confusions, Justice Adumein's overactivism and inconsistent rulings raise ethical concerns if he becomes a Supreme Court Justice. These concerns question whether his actions in this case may have compromised his impartiality and the integrity of the judiciary.

Given the concerns and controversies surrounding his involvement in this matter, Justice Adumein may need to carefully consider whether it is ethical for him to proceed with the swearing-in ceremony. It would be a significant decision that could impact not only his own reputation but also the perception of the judiciary as a whole. In such a situation, it might be prudent for him to refrain from taking the oath and allow the legal process to proceed without his participation.

Unbeknownst to you, Justice Adumein, whether it's territorial, religious, or political turmoil, Kano has witnessed its share in 1903 and 1953, and in 2024, you, unwittingly or not, nearly added to this history.

Take a moment to reflect and scrutinize your conscience for any external influences, whether driven by personal gain or professional prospects. There's an unsettling undercurrent here, and the Supreme Court, led by Justice Inyang Okoro's vigilant 5-man panel, recognized it, be it consciously or unconsciously. Show your gratitude to them, and as I emphatically reiterate, step aside.

I strongly propose that the legal classrooms are where your presence is needed now. You have cleared the nomination and confirmation processes, nearing appointment as a Supreme Court Justice. Yet, ethical and legal concerns, especially the contentious Kano judgments, persist.

You should deeply reflect on the implications of this elevation, which extends beyond your career to Nigeria's judicial system. Questions about your suitability, ethics, and potential influences are significant.

Approaching the judiciary's highest echelons, you face a momentous choice. Proceed with the swearing-in despite controversy or decline, emphasizing your commitment to ethical standards.

This decision carries immense weight for your career and Nigeria's judicial perception. It demands meticulous contemplation, profound moral responsibility, and dedication to justice and ethics.

Justice Adumein, it's paramount to prioritize your physical and psychological well-being. This moment offers an opportunity for self-reflection and self-care. Recognize that your health, both mental and physical, is an integral part of the decision-making process.

As you reflect in the coming hours and days, consider embracing the role of an educator in the law classroom. The future lawyers of Nigeria are in need of mentors who understand the complexities of the justice system. Learn from the lessons in this odd case, the subtle rebuke from the likes of Okoro and Agim, and take these lessons into a classroom to shape a generation of legal professionals who uphold ethical standards and deliver justice with unwavering integrity.

It's time to make the right choice, not only for the sake of justice but also for the ethical standards expected of our judiciary. Your decision will reverberate through the annals of legal history, and I urge you to make it a decision that upholds the principles of justice, leaving a legacy of integrity that will endure for generations to come.

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