A legal expert has strongly criticized the National Judicial Council (NJC) for what he describes as an unfair treatment of Justice Jane Inyang of the Court of Appeal, arguing that the judge has become a victim of conspiracy and misrepresentation.
In a detailed response to an article by Professor Chidi Odinkalu titled "Blessed Are The Crooked Judges," legal practitioner Alex Morgan Esq. contends that Justice Inyang's case has been misrepresented, leading to unwarranted damage to her reputation.
According to Morgan, the ex parte order granted by Justice Inyang on June 14, 2023, in a receiver manager case (Suit No. FHC/UY/CS/46/2023) was professionally sound and in line with Sections 555 to 563 of the Companies and Allied Matters Act, 2020. The order was meant to protect assets from being dissipated pending final determination of the matter.
"What Justice Inyang did is professionally sound, and in keeping with global best practice," Morgan stated. He explained that just two days after issuing the order, Justice Inyang was elevated to the Court of Appeal and, following convention, had to stop sitting and return all files for reassignment.
Morgan argues that the subsequent misuse of Justice Inyang's interim order to sell the property in dispute occurred without her knowledge, as she had already moved on to her new role at the Court of Appeal. He further points out that the petition against Justice Inyang was filed nine months after the order was made, well beyond the NJC's six-month limitation period.
The legal expert also revealed that the petitioner had withdrawn allegations of bribery against Justice Inyang before the Mary Odili-chaired NJC panel, acknowledging that the order was not bribe-induced. Despite this withdrawal, the NJC still proceeded to indict Justice Inyang.
"In our opinion, once there's no proof of bribery, corruption and undue influence, the decision of a judge cannot amount to a misconduct. The remedy is appeal," Morgan asserted.
The article raises concerns about possible ulterior motives behind the indictment, suggesting that Justice Inyang's independent stance in high-profile cases might have made her a target. Morgan specifically mentioned her dissenting judgment in the Ogun State election petition that upheld Governor Dapo Abiodun's election and her lead judgment upholding the death sentence of Chief Rahman Adedoyin in a murder case.
"Are we now stranded with a judiciary where career progression is directly related to the willingness to bend the rule and comply with the whims of politicians and those who wield political powers?" Morgan questioned.
The article also calls for a review of the NJC's composition and powers, suggesting that serving judges should be removed from sitting on the NJC to prevent potential conflicts of interest.
Justice Inyang has reportedly filed an appeal against the NJC's decision, with her solicitors, led by respected Senior Advocate of Nigeria Tayo Oyetibo, making an appeal to the Chief Justice of Nigeria for a review of the matter.
Morgan concluded by urging the NJC to "do the right thing" and for the public to reconsider the narrative that has been presented about Justice Inyang's case.