On Monday, Nyesom Wike, the minister overseeing the Federal Capital Territory, announced the revocation of Julius Berger’s ownership of a plot of land in Abuja and its re-allocation for the construction of a judges’ quarters.

Wike made this announcement during the flag-off ceremony for the housing project, attended by Kudirat Kekere Ekun, the Chief Justice of the Federation. Wike noted that approximately 70% of the funding for the project had already been released.

However, Wike’s unilateral decision has stirred significant controversy on social media. Some users express concerns about the implication of these ‘gifts’ on judicial independence in Nigeria.

On Friday, Chidi Odinkalu, a professor of law, wrote about this on X. He quoted a section of the Nigerian Judicial Code of Conduct: A Judge shall avoid developing excessively close relationships with frequent litigants—such as government ministers or their officials—if such relationships could reasonably create an appearance of partiality.

Kalu Aja, a finanical analyst and social critic, also reacted to Wike’s decision, albeit indirectly. He described it as “fruit of a forbidden tree”.

On the more formal front, the Falana and Falana law firm called for the reassignment of a case involving Wike from a Federal High Court in Abuja to another in Rivers, according to a Vanguard report.

The law firm, in a letter to the Chief Judge of the Federal High Court, cited concerns about potential bias in the Abuja Judicial Division due to the minister’s involvement in the housing projects for judges.

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“Apart from the issue of forum convenience, our client have decided to request the transfer on the ground of likelihood of bias in the Abuja Judicial Division of the Federal High Court as the Honourable Minister of the Federal Capital Territory, Mr Nyesom Wike, who is an interested party in this case, has announced plans to build houses for judges within the Katampe District of the Federal Capital Territory,” the letter read in part.

Notably, the allocations for judges’ housing in the FCT were not included in the 2024 capital expenditure budget, nor were they found in the plans for the ministries of Justice and Housing and Urban Development.

N6 BILLION FOR JUDGES HOUSING QUARTERS IN RIVERS

Wike has a history of building houses and buying gifts for judges. The former governor has on many occasions described these gestures as part of a ‘judicial welfare’ commitment.

In 2020, while serving as the governor of Rivers State, he handed over 24 houses to judges in the state. The project cost the state approximately N6 billion.

Wike provided cash payments of N150 million each to about 23 judges who declined the housing offer, stating, “Judges have a choice to receive a properly built house from the state government or opt for cash payments to build or buy their houses themselves.

“With our policy, the State now bears the full responsibility to providing befitting accommodation for all judicial officers of Rivers State origin beyond their service years for life.

“The State Government spent N6 billion to build, furnish, and landscape this estate. The government also reserves interest to buy back any flat and reallocate to other judges to preserve exclusivity of the estate for judicial officers alone.

“The policy covers all former Chief Judges, Presidents of Customary Courts of Appeal including Justice Peter Agumagu. All retired Judges in service when the policy was made. Current Chief Judge of the state will have her accommodation built before retirement in May, 2021.”

In 2021, Wike reinforced his commitment to ‘judicial welfare’ by signing the Housing Scheme for Judicial Officers Bill into law. He argued that ensuring judges have proper housing would help combat corruption and foster independence within the judiciary.

THE GIFT THAT KEEPS GIVING

Beyond houses, Wike has made headlines for ‘gifting’ cars to judges in the past.

In 2020, he gifted 41 special utility vehicles (SUVs) one time, TheCable reported. On another occassion, he gifted 29 customary court judges new Renault Koleous SUVs.

Before that time, Wike had given 35 Ford Explorers to some judges about a year after he assumed office as Rivers State Governor.

While these gestures are framed as efforts to support the judiciary, they raise questions about ethics.

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The Judicial Code of Conduct outlines expectations for judges to maintain high standards of propriety. It clearly states that judges and their families should not accept gifts that could be perceived as influencing their judicial duties:

As members of the public expect a high standard of conduct from a Judge, he or she must, when in doubt about attending an event or receiving a gift, however small, ask himself or herself the question, How might this look in the eyes of the public?