Foremost pro-transparency and Civil rights advocacy group, the Human Rights Writers Association of Nigeria (HURIWA), has dismissed as ‘panicky’, ground less and totally wishy-washy, the attempt by the Supreme Court of Nigeria to defend the appearance of Justice Emmanuel Agim at the recent convocation ceremony of the University of Calabar side-by-side with the FCT Minister Nyesom Wike, backer of the 27-member of the Rivers State House of Assembly who benefitted recently from a judgement prepared and read by Justice Emmanuel Agim.

HURIWA described the trending media photographic evidence of cosy sitting between Justice Emmanuel Agim and Nyesom Wike as an unmitigated show of shame just as the Rights group for the fact that Mr. Nyesom Wike is the indisputable political godfather of the 27-members of the Rivers state House of Assembly who benefitted from an ‘incoherent’ judgment of the Supreme Court stopping allocations to Rivers State administration under Governor Siminalayi Fubara-estranged political godson of Wike, seeing both Justice Emmanuel Agim and Honourable minister of FCT Nyesom Wike sitting side by side in Calabar is inexcusable.

HURIWA said pictures don’t lie just as the Rights group said the best approach the nation’s apex court would have adopted is first and foremost suspend him, then issue a query to Justice Emmanuel Agim for putting up an appearance publicly at the anniversary event of the University of Calabar which raised loud suspicions of alleged affinity between the duo of Justice Emmanuel Agim and Honourable minister of FCT Mr. Nyesom Wike.

“The photos and visuals captured in the media of mass communication have raised serious questions about the impartiality of the jurist in the matter involving the political warring parties in Rivers state whose case was resolved controversially by Justice Emmanuel Agim to the dissatisfaction of Governor Fubara, a judgment that opened the Pandora box for the illegal declaration of a state of emergency in Rivers state.

“It will take just more than a mere public relations cum media stunt from the Supreme Court of Nigeria to convince Nigerians that there is no friendship between the duo or that Justice Agim doesn’t have any relationship with one of Nigeria’s most prolific political litigant Mr. Nyesom Wike who is widely alleged to be constantly favoured by judges and justices in the nation’s court system. So the Supreme Court of Nigeria should wake up and smell the coffee or pretend that gullible Nigerians have swallowed hook, line and sinker the shallow defensive press statement it recently issued to defend Justice Emmanuel Agim.

It would be recalled that the Supreme Court had faulted media reports that one of its judicial officers, Justice Emmanuel Agim, accompanied the Minister of the Federal Capital Territory (FCT), Nyesom Wike to the recently held convocation ceremony of the University of Calabar.

In a statement on Monday, Supreme Court’s Director of Information and Public Relations, Festus Akandr said Justice Agim was at the event as an honouree.

The statement reads: “In light of the reports circulating on social media and other news platforms, we wish to clarify the circumstances surrounding the attendance of Hon. Justice Emmanuel Akomaye Agim of the Supreme Court of Nigeria at the convocation ceremony of the University of Calabar on Saturday, 22nd March, 2025.

“It has come to our attention that misleading information has emerged, suggesting that Hon. Justice Emmanuel Agim accompanied the Hon. Minister of the Federal Capital Territory, Mr. Nyesom Wike to the ceremony. We hereby dispel this false narrative.

“Hon. Justice Agim attended the convocation as an esteemed honouree and an alumnus of the institution, whom the Governing Council had found worthy to be conferred with an Honorary Doctorate Degree in Law (Doctor Honoris Causa).

HURIWA however wouldn’t have any of the tainted explanations coupled together by the information Director of the Supreme ’ourt of Nigeria to try to clear the fog of suspicions that have swelled and swirled around the photographic evidence in which Justice Emmanuel Agim who gave a recent favourable judgment that benefitted the political family headed by Nyesom Wike was seen in highly cosy atmospherics as evidentially recorded through the lenses of photojournalists.

HURIWA said public perception matters so much and the only way to clear the doubts in the minds of Nigerians is to subject Justice Emmanuel Agim to internal ethics investigation by the National Judicial Council to determine if he breached any of the ethical codes governing judges and justices of Nigeria.

HURIWA went down historical records to give a citation made by a legal luminary about the ethics of codes of conduct for judges thus: “Any social relationship that may give members of public an impression that he will not be impartial in deciding cases, should be avoided by a judge. Impartiality is a cardinal requirement; thus, a judge must show clearly that in respect to or in connection with proceedings in his court, he shall remain impartial. A judge is required to harbour no prejudice, passion or personal feelings against any party while deliberating over cases submitted to him for adjudication. He is required to evaluate facts as presented to him by the parties in a balanced manner without any predilection. He must hold the balance of the scale of justice evenly it is as a result of this fundamental requirement of impartiality that it is often said justice must not be only done but must manifestly and undoubtedly be seen to be done. See THE ADMIN & EXEC OF THE ESTATE OF ABACHA VS. EKE-SPIFF & ORS (2009) LPELR 3152 (SC).

HURIWA asserted that the public appearance of Justice Agim and Political litigant Wike has allegedly violated this ethical code. “It doesn’t matter whether Justice Agim escorted Wike to the ceremony or that he too was an honoree, but what is in issue is that photo evidence showed that both Agim and Wike displayed a convincing show of friendship during that event”.

HURIWA said legal experts are of the opinion that: “A judge is therefore required to either disqualify himself or disclose on record, where he feels he is in doubt of his impartiality in a case he is handling. Therefore, where he discloses the reason why he feels he should not hear the case and the parties still want him to proceed with the case, none of them will rely on the said reason to impugn his decision. See OLUE & ORS V. ENENWALI & ORS (1976) LPELR – 2612 (SC) where the Supreme Court in dismissing the appeal held:

“In the circumstance of the present case we cannot see how the independence or the impartiality of the learned trial judge could be impeached, the learned trial judge expressly drew the attention of the counsel and their clients to the fact that he was the counsel to one side at the early stages of the proceedings and offered to withdraw from continuing with the proceedings. Both counsel and clients expressly wanted the judge to go on. We cannot see how section 22 can apply in this case. We also consider the argument of learned counsel for the respondents, that the parties have expressly waived their right under section 22 as well founded.

Besides, HURIWA affirmed the position of law scholars that the right to challenge or impugn proceedings of any court or tribunal which was tainted by the adjudicator being disqualified by interest or likely hood of bias may be lost by express or even by implied waiver of the right to object to the adjudicator at the first opportunity during the proceedings”. HURIWA said what is in the perception of Nigerians about likely friendship of the duo of Justice Emmanuel Agim and the minister of FCT has raised serious questions around the impartiality of Justice Emmanuel Agim’s recent controversial verdict against Minister Wike’s political adversary: Rivers state governor Mr. Siminialayi Fubara.

HURIWA is therefore advocating the immediate suspension of Justice Emmanuel Agim and the constitution of a panel of the NJC to critical examine the behaviours of Justice Emmanuel Agim at the convocation ceremony of the University of Calabar and the findings of the probe panel should be publicised.

*Justice Emmanuel Agim at the recent convocation ceremony of the University of Calabar side-by-side with the FCT Minister Nyesom Wike