Renowned legal scholar and human rights activist, Chidi Odinkalu, has expressed disappointment with the Nigerian Bar Association (NBA) for endorsing a statement by the Ekiti State Judiciary, which distanced itself from a controversial magistrate’s order.

The NBA had shared an update on its official X (formerly Twitter) handle, @NigBarAssoc, titled “Ekiti Judiciary Disowns Magistrate’s Order”, reporting that the state judiciary had repudiated a ruling issued by the Ikole Ekiti Magistrate Court. The order, which drew public criticism, was not specified in the NBA’s post.

However, reacting to the NBA’s stance, Odinkalu condemned both the original ruling and the judiciary’s subsequent disavowal, calling the latter “worse and more damaging.” In a series of posts on his X account, he questioned the procedural legitimacy of setting aside the magistrate’s order and accused the judiciary of lacking independence.

  1. Lack of Due Process – Odinkalu argued that the judiciary failed to outline the legal procedure through which the order was overturned, leaving doubts about its integrity.
  2. Judiciary’s Self-Preservation – He noted that the Chief Registrar (CR) of Ekiti State Judiciary focused more on protecting the judiciary’s image rather than addressing the substance of the magistrate’s ruling.
  3. Questionable Panel of Inquiry – The activist dismissed the claim that a panel had been set up to investigate the issue, stating that no law permits judicial matters to be handled by such a body, which could potentially usurp the Judicial Service Commission (JSC).
  4. Judicial Independence at Risk – Odinkalu accused the Ekiti judiciary of a pattern of executive interference, citing similar concerns in previous cases.
  5. NBA’s Misplaced Endorsement – He urged the NBA leadership under President Afam Osigwe (SAN) to distance itself from the judiciary’s statement and push for a formal JSC inquiry instead.

Meanwhile, the Management of the Ekiti State Judiciary has officially vacated the controversial order issued by the Ikole Ekiti Magistrate Court on January 23, 2025, stating that the ruling does not reflect the image and principles of the judiciary.

In a press release signed by the Chief Registrar of the Ekiti State High Court, Olanike Adegoke Esq., the judiciary expressed deep regret over the order and reaffirmed its commitment to justice, fairness, and transparency.

The NBA National Executive Committee (NEC) has also weighed in, with NBA President Mazi Afam Osigwe, SAN, addressing concerns that a magistrate in Ekiti State allegedly ordered the arrest of any lawyer attempting to lift a Post-No-Debit (PND) order on behalf of their clients. Osigwe assured that the NBA would investigate the matter and take decisive action if necessary, including a possible boycott of the affected court.

The case, involving the Inspector General of Police vs. Keystone Bank and the Nineteenth Kid Estate Residents Association, revolves around allegations of fraud, conspiracy, and financial misconduct. The ruling, issued by Chief Magistrate Oluwadare T.O., mandated the arrest of any lawyer or individual attempting to lift the PND order without police authorization—sparking outrage within the legal community.

In response, the Ekiti State Judiciary has set up a Panel of Inquiry to investigate the issue and recommend appropriate actions. The press release was copied to key legal stakeholders, including the Hon. Attorney General & Commissioner for Justice of Ekiti State, as well as the Chairpersons of the NBA branches in Ado-Ekiti, Ikole-Ekiti, and Ikere-Ekiti.

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