The recent tweet by Professor Chidi Odinkalu, a respected human rights advocate and legal scholar, has reignited public discourse on the disciplinary actions taken against Justice Inyang Ekwo of the Federal High Court of Nigeria. Odinkalu’s pointed question about how many times a judge can be barred from elevation before the National Judicial Council (NJC) “does the right thing” underscores a deeper concern about judicial accountability, integrity, and the mechanisms for reform within Nigeria’s judiciary.
This editorial seeks to provide an in-depth examination of Justice Inyang Ekwo’s career, the allegations and disciplinary actions against him, and the broader implications for judicial discipline and public trust in Nigeria’s legal system.
Who is Justice Inyang Ekwo?
Justice Inyang Edem Ekwo is a seasoned jurist currently serving on the Federal High Court of Nigeria, Abuja Division. Born on March 12, 1964, Ekwo hails from the Ibibio ethnic group in Nigeria’s Akwa Ibom State. A highly educated legal professional, he holds a Bachelor of Laws degree from the University of Cross River State (now University of Uyo), a Bar Qualifying Certificate from the Nigerian Law School, and advanced degrees including a Master of Laws and a Doctor of Philosophy in Law from the European-American University.
Beyond his judicial duties, Ekwo is an accomplished author, poet, essayist, and judicial activist. His published works include titles such as Incorporated Trustees: Law and Practice in Nigeria, Education Law and Administration in Nigeria, and Storm in the Will, reflecting his scholarly interests in education law and jurisprudence.
Ekwo’s reputation in legal circles has been mixed. While some sources describe him as bold, fearless, and hardworking, others have raised serious concerns about his judicial conduct and adherence to ethical standards.
The Disciplinary History and Allegations
Justice Ekwo’s troubles with the NJC have been well-documented over the past few years. In May 2024, the NJC issued a caution to him for abuse of judicial discretion and barred him from elevation for two years. However, recent developments have seen the NJC extend this ban to five years, alongside a one-year suspension without pay, following fresh findings of misconduct.
The most significant complaint against Justice Ekwo arose from a 2021 case (Charge No. FHC/ABJ/CR/184/2021), where he reportedly delivered a ruling on a pending application without hearing the parties involved. He was also accused of ignoring an application to set aside court proceedings conducted in the absence of the parties before dismissing the case against the defendants. These actions were found to violate Rules 3.1 and 3.3 of the 2016 Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.
The NJC’s investigation concluded that Ekwo’s conduct amounted to an abuse of office and a breach of judicial ethics. Consequently, he was suspended for one year without pay, placed on a watch list for five years, and barred from elevation during this period.
The National Judicial Council’s Role and Public Perception
The NJC is constitutionally mandated to oversee the discipline, appointment, and removal of judicial officers in Nigeria. Its role is critical in maintaining the integrity of the judiciary and ensuring that judges adhere to the highest standards of conduct.
However, the case of Justice Ekwo raises questions about the effectiveness and timeliness of the NJC’s disciplinary processes. The fact that a judge can be repeatedly barred from elevation yet remain in office and continue to preside over cases has drawn criticism from legal experts, activists, and the public alike.
Professor Chidi Odinkalu’s tweet encapsulates this frustration: how many warnings and sanctions must be issued before decisive action is taken to uphold judicial accountability? This question resonates deeply in a country where public confidence in the judiciary is often undermined by perceptions of corruption, impunity, and lack of transparency.
Broader Implications for Judicial Reform
The Ekwo saga is not isolated. It reflects systemic challenges within Nigeria’s judiciary, including:
- Delayed Disciplinary Action: Lengthy investigations and appeals processes can allow judges under suspicion to remain active, potentially compromising justice.
- Lack of Transparency: The NJC’s disciplinary proceedings are often opaque, limiting public understanding and scrutiny.
- Inconsistent Enforcement: Sanctions such as suspension or barring from elevation may not be sufficient deterrents if judges return to office without meaningful reform.
- Impact on Judicial Independence: While discipline is necessary, it must be balanced against judicial independence to avoid undue executive or political interference.
These challenges call for comprehensive reforms that enhance the NJC’s capacity to act swiftly, transparently, and fairly. Public participation in judicial appointments and disciplinary processes, as recently initiated by the NJC through publishing candidate names for public comment, is a positive step toward greater accountability.
Justice Ekwo’s Legacy and the Path Forward
Justice Inyang Ekwo’s career embodies the complexities of judicial service in Nigeria. His academic achievements and contributions to legal scholarship are commendable. Yet, the repeated findings of misconduct and sanctions against him cannot be ignored, as they raise fundamental questions about the quality of justice delivered under his watch.
For the judiciary to regain public trust, it must demonstrate that no judge is above the law and that breaches of conduct are met with appropriate consequences. This includes not only suspensions and barring from elevation but also, where necessary, removal from office.
Moreover, the NJC and other judicial stakeholders should invest in continuous training, ethics education, and monitoring to prevent misconduct before it occurs. Strengthening institutional checks and fostering a culture of integrity within the judiciary are essential.
The controversy surrounding Justice Inyang Ekwo is a litmus test for Nigeria’s commitment to judicial accountability and reform. It highlights the tension between protecting judicial independence and enforcing ethical standards. The NJC’s recent actions, including the extended ban on Ekwo’s elevation and suspension, signal a willingness to address misconduct but also expose the limits of current disciplinary frameworks.
As Professor Chidi Odinkalu aptly questions, how many times can a judge be barred before the system “does the right thing”? The answer lies in a judiciary that is transparent, accountable, and committed to upholding the rule of law without fear or favor.
For Nigeria’s democracy and justice system to thrive, the Ekwo case must serve as a catalyst for meaningful reform-ensuring that justice is not only done but seen to be done by all citizens.
