In a recent tweet, renowned human rights activist and lawyer, Chidi Odinkalu, expressed bewilderment and raised critical questions regarding a court order where a judge presided over an appeal against their own judgment.

Odinkalu’s tweet came as a response to a court order issued in the Federal High Court of Nigeria, Awka Judicial Division, on Thursday, June 15, 2023. The order pertained to Suit No: FHC/AWK/CS/58/2023, which involved Mr. Okechukwu Nwafor as the plaintiff and the President of the Federal Republic of Nigeria, Usman Alkali Baba, the Attorney General of the Federation and Minister of Justice, and the Nigeria Police Council as the defendants.

The court order sought to set aside a judgment delivered by Hon. Justice F. O. Riman on May 19, 2023, in favor of the plaintiff. The motion was presented by learned counsel Ibrahim Igris SAN, with Abdullahl Abdulhakeen Ago, on behalf of the defendant/applicant.

The court order indicated that the judgment was being set aside due to the non-service of originating processes on the defendant/applicant.

In response to the order which he shared on his Twitter account, he wrote:
“Please can someone, anyone, tell me how a judge can sit on appeal over their own judgment to set it aside…. moved by a SAN? How please? Something dreadful is happening to law in Nigeria.”

Chidi Odinkalu’s tweet raises a pertinent question regarding the ethics and legality of a judge presiding over an appeal of their own judgment. His concerns highlight the need for clarity and transparency within the legal system to ensure the impartiality and fairness of judgments.

The situation highlighted in the court order has further sparked a broader debate about the state of law and judicial independence in Nigeria. Questions are being raised about the mechanisms in place to prevent conflicts of interest and guarantee the integrity of the judicial process.

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