At the 4th C.O. Anah SAN Memorial Colloquium held at NBA House, Abuja., Hon. Justice (Prof.) Alaba Omolaye-Ajileye (rtd), a former High Court Judge and Visiting Professor at the National Open University, delivered a compelling paper titled From Pressure to Principles: The Judge as the Backbone of Human Rights Enforcement.
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Drawing from nearly two decades of judicial experience, Justice Omolaye-Ajileye emphasized the critical role of judges in safeguarding fundamental human rights through independence, integrity, and courage, despite intense pressures, particularly from the executive branch of government.
Justice Omolaye-Ajileye defined fundamental human rights as inherent, universal, and inalienable, encompassing rights to life, liberty, fair hearing, and freedom from torture, among others.
He stressed that judges must treat human rights cases with utmost seriousness, providing remedies for victims and preventing abuse through principled pronouncements. “Judges are mandated to adhere to ethical principles and their oath to dispense justice impartially, unaffected by fear or favor,” he said, highlighting character and courage as indispensable attributes for human rights enforcement.
Reflecting on his tenure, Justice Omolaye-Ajileye shared experiences of handling high-profile cases, such as Eri & Anor v Kogi State House of Assembly (2009) and Ajanah & Anor v Kogi State House of Assembly (2018), which pitted him against executive overreach.
He recounted subtle threats, intimidation, and even thuggery aimed at derailing justice, including attempts to force him to withdraw from cases or adjourn them indefinitely. Despite these pressures, he delivered judgments nullifying the unlawful removal of Chief Judges, reinforcing the National Judicial Council’s (NJC) exclusive authority to recommend such actions.
Justice Omolaye-Ajileye outlined four key principles from his rulings: (1) Only the NJC can recommend the removal of judicial officers, safeguarding judicial independence; (2) Legislative houses cannot usurp the judiciary’s adjudicatory powers; (3) Disobedience to court orders threatens democracy; and (4) Governments must lead by example in respecting the rule of law.
He criticized the “fluidity” of Section 292 of the 1999 Constitution, which politicians exploit to allege misconduct against judges on flimsy grounds, as seen in the cases of Justice Eri and the late Justice Ajanah.
Citing the case of former Chief Justice Walter Onnoghen, whose appeals against an unlawful suspension lingered unresolved for years, Justice Omolaye-Ajileye questioned whether justice was truly served.
He called for judges who are “learned in the law, independent, honest, and fired with zeal to mete out justice,” insulated from inducements or intimidation. Quoting John Bunyan’s hymn, he urged judges to be “pilgrims” on a journey toward justice, undeterred by external pressures.
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“History of Rivers State Judiciary: A Compendium of Personalities on the Bench.” Authored by Ampim Gogo Blankson, Esq., Deputy Director at the Rivers State Ministry of Justice, in collaboration with the Rivers State Judiciary
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Explore Nigeria’s Constitutional System — 17 Chapters, 924 Pages Of Insight By Prof. Hagler Sunny Okorie
