Nigeria’s Justice Nnamdi O. Dimgba of the Federal High Court of Nigeria: One Judge Fearlessly Takes

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Nigeria’s democracy is evolving though at baby steps but there is a future. The constitution of Nigeria provides for adequate separation of powers. However, the executive branch is still very powerful than the legislative and Judiciary and in some cases usurps the powers of the other branches, as we have seen in Nigeria since May 2015. The Judiciary suffers the most from this predicament; the unlawful arrests, detentions and extra-judicial killings coupled with the political witch hunting of opponents mocks the judiciary every day. We have rare gems who try to break themselves from the shackles of intimidation by the executive and Justice Nnamdi O. Dimgba is one of them.

Justice Nnamdi is part of the new generation of progressive judges in Nigeria. His educational experience of schooling at home and abroad and his attainment of a PhD in law add confidence to his wisdom and humbling is the fact that he prefers the sober life of a judge over the vibrancy of high street life or classrooms. He was sworn in as a judge of the Federal High Court on the 2nd day of December 2015 by the chief justice of Nigeria, Justice Mahmud Mohammed.

In July of this year a retired air commodore, Umar Mohammed, a member of the presidential team investigating the failed arms deal in the country, was brought before Justice Nnamdi’s court and charged with money laundering, possession of fire arms and violation of provision of Official Secret Act. After he was arraigned, Justice Nnamdi gave direct instructions that he be remanded in Kuje prison (Abuja, FCT), pending the hearing of his bail application. On the day of the bail hearing, behold, he was not present, the Department of State Security (DSS) could not produce him.

Justice Nnamdi took very strong exception to this sort of behavior and berated the DSS accordingly. He reminded the officials of the procedure to follow; reminding them that when processes are filed in court, the case is no longer in their hands and court orders are to be the guiding force and must be obeyed. He also stressed on the fact that if the DSS individuals want to do his job, he is ready to vacate his sit for them, but while he is still on his seat he will take strong exception to such lawless behavior. He concluded by asking the prosecuting counsel, E.A.Orji, to relay the grievance of the court to the Attorney-General and minister of justice.

In the words of Justice Nnamdi, the conduct of the DSS is a “disgrace to democracy.” This sort of behavior is not a novelty from the DSS, other agencies like the Economic and Financial Crimes Commission (EFCC) and the Nigerian Police Force (NPF) are not innocent from acting as judge and jury in situations before them. The systems we have in place can only work well when there is mutual respect and every department input is sought for and valued. Justice Nnamdi may be a light of hope for the lingering courage of the Nigerian judiciary in the face of ongoing “democratic” dictatorship under the watch of Retired General Muhammadu Buhari.

The Nigerian Judiciary has been undermined in myriad of occasions. Let us allow the Rule of law prevail!

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Ernie J. Burgher is a bi-lingual freelance journalist and author, and speaks English and French. Ernie writes for SitiTalkBlog.

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