NBA Human Rights Committee Accuses Kaduna Chief Magistrate Of Bias, Asks Him To Hands Off In The Case Against Prof Chidi Odinkalu

The Nigeria Bar Association (NBA) has accused the Kaduna Chief Magistrate Court, Ibrahim Musa, of bias in a case filed by the Kaduna State Government against a former chairman of the Nigeria Human Rights Commission (NHRC), Chidi Odinkalu.

In a press conference held on Wednesday in Abuja, the NBA, some lawyers under its Human Rights Committee members of the Open Bar Initiative(OBI) and a civil society organization called Global rights noted with grave concerns arising from successful incidents of manifest bias as well as lack of independence and impartiality,  in violation of the applicable constitutional standards.

While noting a good number of loopholes in the case, including no suit No on the Direct Criminal Complaint, the Motion Exparte and the enrolled order, the Alternative Chairman of NBA Human Rights Committee, Bwari Branch and the Executive Director Initiative  Against Human Rights Abuse And Torture(INAHURAT), Maxwell Opara,  said that Ibrahim chooses to mess Judiciary up by playing the script of the state government.

He also accused Ibrahim Musa, of disobedience to the order of a superior court.

” An application for Judicial review by way of certiorari was filed against the ruling and after due consideration of the application, Kaduna High Court granted leave for an order of certiorari and the leave operates as a stay of proceeding and the magistrate was a party in the suit and was represented.

“On the 13” of March 2020, the Chief Magistrates Court in Kaduna Magisterial District held that it has a discretion as to whether or not to obey the specific and direct order of the High Court of Kaduna State to stay proceedings in the matter of The State v Chidi Anselm Odinkalu.

“This is an anomaly because the Magistrate court is an inferior court to the High Court. Therefore, the order of the High Court is not discretionary, it is an order that must be obeyed ,” Maxwell said.

He queried what the intention of the court is in holding a criminal proceedings without serving Prof. Chidi who is the defendant and the jurisdiction of the Kaduna Magistrate court to institute the direct criminal complaints on a broadcast that occurred and emanated from Abuja.

“The Direct Criminal Complaint had Chidi Odinkalu’s address on the face of it but it was never served on him, yet proceedings began, held and were adjourned three times, 22 March, 2019, 25th April, 2019 and May 2nd, 2019 without the defendant in a criminal proceeding.

“The ‘case’ does not have a case number, therefore, the Direct Criminal Complaints and any Orders purporting to be based on it are a nullity because they did not exist and could not have existed.”

“The magistrate has manifestly exhibit bias as well as lack of Independence and impartiality, in violation of the applicable constitutional standards.

“As officers in the Temple of Justice, we are mandated and swore to protect the integrity of the temple of Justice, uphold and observe the rule of law, protect and foster the cause of justice. 

“By our calling, we are Advocates of Human Rights and the Defenders of the oppressed. May we call on Ibrahim Musa, Esq., to hands-off in this case because he is a party and cannot be judge in his own case. And the Governor of Kaduna Kaduna State, Mallam Nasir, Ahmed El-Rufai should allow people to exercise their right of freedom of expression. 

“All these intimidation, harassment and gross violation of people’s right contrary to the provision of the constitution by the people in the authority of government must stop.

TheNigerialawyer recalls that in March 2019, the Kaduna state government filed the case of injurious falsehood and incitement against Mr Odinkalu following his interview with Channels Television on February 16, 2019.

In the interview, Mr Odinkalu called out Governor Nasir El-Rufai over his comment on the alleged killing of 66 people in Kajuru, Kaduna State. He disputed Mr El-Rufai’s accounts and criticised him for publicly stating what he said was capable of inciting violent reactions close to the general elections.

“I spent all of last night trying to verify from all the sources in Kajuru and nobody can verify or substantiate that there has been a killing of 66 people (as claimed by the governor) in Kajuru over the past few days.

“You cannot on the eve of very difficult elections, as a state governor, standing beside your publicist, talking about the killing of 66 people from a particular ethnic group (fulanis) with a celebratory air.

“This is beyond irresponsible, and I believe people from all political divides must call out the Kaduna State governor,” Mr Odinkalu had said.

This attracted a direct criminal complaint filed against the ex-NHRC boss by the state government which accused him of falsehood and incitement.