Professor Chidi Anselm Odinkalu has called on a judge of the High Court of the Federal Capital Territory, Honourable Justice Sylvanus Oriji, to recuse himself from Suit No. CV/008/2026, Safwan Garba & Anor v Jordan Wike, arguing that the court as presently constituted cannot satisfy the constitutional requirement of an impartial tribunal.

The former Chairman of the National Human Rights Commission made the call in a post published after reports of proceedings in the suit, which concerns allegations against the son of the Minister of the Federal Capital Territory, Barrister Nyesom Wike.

He opened with a precedent from the Supreme Court.

“When the Chief Justice Sodeinde Sowemimo constituted a panel of the Supreme Court to hear the appeal in the governorship case of Jim Nwobodo v. Christian Onoh in the Anambra State election petition following the Anambra State governorship election in 1983, he had Anthony Aniagolu on the panel,” he wrote.

“On the day the panel convened to begin sitting, Aniagolu recused himself. He knew both parties well and came from the same neighbourhood as Chief Onoh.”

Turning to the present case, he wrote, in terms plainly intended ironically: “I am rather impressed that this case involving serious allegations against the son of Governor Wike has been assigned to a judge of the FCT High Court, Sylvanus Oriji, who comes from Obio/Akpor LGA in Rivers State and who is reputedly related to the Wikes.”

“Even if he wasn’t, he is well known to the Wikes and they come from the same neighbourhood in Obio/Akpor.”

“Only a judiciary that is not interested in its credibility or in justice could possibly think that is proper, normal, or acceptable.”

He directed his criticism at two decisions.

“I am shocked that: 1. The Chief Judge of the FCT High Court decided to assign this case to this judge. Surely, he is not so innocent or so naive as not to know better; and 2. The presiding judge should choose in these circumstances to accept to sit on this case.”

He grounded the objection in the fair trial guarantee.

“The constitutional standard of fair trial requires that the court should be ‘constituted in such a manner as to guarantee its independence and impartiality.’ It is unlikely that having a judge with the genealogy of this particular presiding judge in this case meets the constitutional thresholds.”

“The judge is in an impossible position. Whether the case succeeds or fails, extraneous factors will be imputed.”

He also faulted counsel for the claimants.

“In the circumstances, I am equally surprised that the lawyers for the claimants appear not to have asked the presiding judge to recuse himself. That is an obligation of professional conscience in this case.”

“This is not a case in which justice can be seen to be done as the court is presently constituted. It is not too late for the judge to do the right and proper thing and recuse himself.”

In a follow-up post accompanied by an image, he wrote: “Just so folks understand what this is about.”

The image reproduced the judge’s profile as published on the website of the FCT High Court, which states that he hails from Obio/Akpor Local Government Area of Rivers State, that he was called to the Bar in 1990 and completed his National Youth Service the following year, that he was in private practice from 1991 to 2003, that he was appointed a Judge of the FCT High Court in 2003, and that he is married with children and his hobbies include reading.

The same page records that the FCT High Court is established by section 255 of the Constitution and is under the leadership of the Chief Judge, who is also the Chairman of the Federal Capital Territory Judicial Service Committee.

The intervention followed a report of proceedings on Tuesday, at which the judge ordered the defendant to produce his American international passport before the court.

The order was made during the resumed hearing of the suit filed by Safwan Garba GY and GY Global Oil and Gas Nigeria Ltd. Counsel to the claimants, Mr. Hamza Dantani, applied for production of the passport after the defendant said under cross-examination that he had travelled out of Nigeria on 26 September 2025.

According to the claimants, they met the defendant in London and subsequently developed a relationship, later met him in Abuja, and approached him for assistance in facilitating the acquisition of land in the Federal Capital Territory. They allege that he assured them he could facilitate the acquisition of 30 hectares of land in Katampe and another 30 hectares in Guzape.

They further allege that he demanded 2.1 million dollars as facilitation fees, of which 2 million dollars was said to be meant for his father and 100,000 dollars for himself, and that the money was delivered on 26 September 2025 in the presence of Adamu Sani, Aliyu Sarki and Sai Wani, while the defendant was accompanied by Onor Sandy. They allege that after receiving the money he neither facilitated the acquisition nor refunded it, and subsequently became unreachable.

At Tuesday’s proceedings the defendant adopted his statement on oath, in which he denied the allegations. He was represented by Mr. Ogwu Onoja, SAN, and some documents were tendered through him. Under cross-examination he denied knowledge of the allegations and of documents put to him.

Counsel for the claimants asked the court to direct him to write his full name and signature five times each on a plain sheet of paper. The application was not opposed by the defence and was granted.

Asked where he was on 26 September 2025, he told the court that he was outside Nigeria. Asked which international passport he used to travel, he said he travelled with his American international passport and that he could produce it if required. Counsel then applied for an order compelling its production, which the court granted, before adjourning to Wednesday for continuation of hearing.

The allegations against the defendant are denied and remain untried, and the case is part-heard. The Minister of the Federal Capital Territory is not a party to the suit, no finding has been made concerning him, and he has not responded publicly to the allegation that a portion of the money was said to be intended for him.

The assertion that the presiding judge is related to the family is expressly qualified by its author as reputed. Neither the judge nor the Chief Judge of the FCT High Court has responded to the call for recusal.

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