The Court that killed accountability, By Chidi Anselm Odinkalu

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When it decided the case of Kunle Kalejaiye, the Supreme Court did not appear to remember the case of Athanasius Hart from 43 years before.

, the Supreme Court equally forgot what it did in Mr Kalejaiye’s case. The case this time involved three lawyers – Mamman Waziri, Olayori Muideen and Osaretin George Izegbuwa – disbarred by the LPDC for serious professional misconduct. As with Mr Kalejaiye, the Supreme Court found that there had been a violation of fair hearing because a member who had not participated in the proceedings voted on the final decision of the LPDC.

This tendency to invent law on a whim has characterised decisions of the highest courts in Nigeria on matters of judicial integrity. On June 23, 2017, the High Court of Lagos State delivered a ruling asserting competence to try Hyeladzira Nganjiwa, a judge of the Federal High Court, for unlawful enrichment . Nganjiwa appealed to the Court of Appeal, claiming that he could not be prosecuted for such a crime without first having been disciplined by the NJC.

 

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