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His Excellency Nyesom Ezenwo Wike’s Farewell Speech At the Special Court Session In Honour Of The Retiring Chief Judge Of Rivers State Hon. Justice Adama Iyayi-Lamikanra, DSSRS
Let me congratulate you on your birthday, for turning 65 years and also for a peaceful retirement today after a long and highly successful judicial career, here in Rivers State. Congratulations.
- For 35 years you served our dear State, first as a Senior Magistrate Grade 1, later elevated to the High Court bench, and subsequently appointed and sworn-in in 2016 by my humble self as the substantive Chief Judge of Rivers State.
- You have not only served with passion, honour and dignity but spent each and every day of your illustrious judicial career to faithfully pursue and advance the best ideals of the law, justice and the legal profession.
- All through these years of unblemished service you never wavered from your calling and conviction that the rule of law was the greatest protector of human rights and freedoms.
- You personify the ideals of judicial independence, which for you, means no less than the capacity of the judge to resist and be free from every form of pressure, be it political, financial, relationship or otherwise.
- Your passion for truth, fairness and justice is remarkable.
- Although you are soft-spoken, your voice and pen both carry with them mighty gavels of justice and impassioned commitment to the rule of law, separation of powers, checks and balances, and judicial independence.
- Today, I can attest to the fact that you are a bold, fearless and courageous judge; not afraid to take up challenging cases; treating every case before you with equal importance; steadfast in your commitment to doing justice and unwavering in your ability to speak judicial truth to power.
- You have on several occasions resistedpolitical pressures to give the wrong judgment by standing firm on your convictions; giving room to no influence or authority and acting at all times and in all situations on the side of truth and justice in the discharge of your functions.
- I recall how you displayed a rare courage by taking up the court case when every other judge in the State was visibly afraid to handle, and halted the sitting of the kangaroo judicial panel of inquiry set up, programmed and controlled by the previous Governor to vainly indict my political reputation on spurious charges and fabricated facts.
- I also recall how you courageously considered and set aside the illegal and premature dissolution of the Hon. Timothy Nsirim led administration of Obio/Akpor Local Government Council by yet again, the previous Governor, on account of the chairman’s perceived loyalty to me.
- As a matter of fact, in your determination to do justice on that particular matter, you did the extra-ordinary by using a torchlight to read your judgement when the electric lights of the courtroom were deliberately switched offin their desperate and failed bid to obtain an order from the Court of Appeal with which to arrest the impending ruling and frustrate you from delivering it.
- I can further recall how you stood firm and persuaded us to allow you to internally handle the damning allegations against some of your politically tainted colleagues who were collecting one-million-naira bribe money monthly from the previous administration to support the illegal closure of the courts and the brutal assault on the very existence and independence of the State’s judiciary.
- There is little doubt that your dynamic leadership of the Bench brought good fortune and unmatched progress to theentire State’s judicial system.
- Under your leadership the State’s judiciary effectively enjoyed both administrative and financial autonomy never before experienced in this State. And you transparently utilized accessed public resources to advance the progressive transformation of the judicial system.
- All through your tenure we never had any cause to disagree as you intelligently ensured effective cooperation and complementarity among the Judiciary, the Executive and the Legislative branches of government in the overall interest of our State.
- And because of that robust cooperative relationship that existed among the co-equal three arms, everyone can witness the level of development we have collectively achieved for the State.
- The records will bear you out that for the first time, judicial officers now have access to befitting life-long accommodation as a matter of right, which had never happened in judicial history of this country even at the federal levels.
- Can anyone show me one jurisdiction in the entire country that you know that has something close to the quality and ambience of residences we have provided in Rivers State for both State and federal judicial officers?
- Under your leadership judicial officers who opted to build their own houses by themselves outside of the judicial estate readily accessed 150 million naira grant, also,as of right from appropriated funds, which is also the first welfarist policy of its kind that has been adopted nowhere in this country.
- Under you, and again for the first time, judicial officers had access to the topmost quality of sportsutility vehicles as official carsto enhance their comfort and operational effectiveness.
- As a matter of fact, all State judicial officers have accessed official cars twice in the last six years. Now tell me where has this happened in other parts of this country’s judiciary?
- And under your leadership, judges now sit and operate in well furnished, equipped and comfortable courtrooms and chambers while access to judicial services is now done on the digital platform for the first time in history.
- When all is said and done, I think it is only fair to say that someone who has devoted her entire judicial career and the better part of her life to the service of our State with outstanding cocktail of transformational achievements deserved to be applauded for a job well done and venerated for her contributions to the progress of the State.
- And am therefore happy that the silent majority of our people and especially the womenfolk, truly appreciate you for your exemplary leadership and inspirational achievements.
- But it also appropriate to express my disappointment with the activities of a few self-appointed critics and opposition elements from the Nigerian Bar Association (NBA) who had taken to the ignoble business of disparaging the character of the State’s judiciary with all sorts of baseless allegations since this administration.
- To these people and their perverted mind-set, theState’s judiciary is good, independent and strong only when it distances itself from and maintains a confrontational posture towards the Executive branch of government.
- They alleged that by being cooperative instead of confrontational, the State’s judiciary had sold out its soul to the Executive and become weak and dependent but failed to disclose when the sale was advertised, how much was it bought and the extent it had become helplessly and hopelessly castrated thereby?
- By the same token they also claimed without facts that the State House of Assembly had compromised and fettered for maintaining a good working relationship with the Executive branch.
- But the truth is that the Judiciary and theLegislative arms are both independent, self-accounting and performing their respective constitutional responsibilities for the advancement of the State.
- As at today, both the judiciary and the State House of Assembly have not been starved of financial releases. Both have received their 2021 first and second quarters capital projects budgetary funds, which they have evidently deployed to execute their respective capital and constituency projects across the State.
- In additionthe release of funds for recurrent expenditure for both the Judiciary and Legislative arms is up-to-date while the House of Assembly had gone further with its funds to clear all arrears of financial claims owed to its staff by the previous government just as we have also done to the law officers of the State’s Ministry of Justice.
- With all these facts before the public domain isit not shameful for any person or group to label, cast and falsely portray the judiciary and legislature in Rivers State as compromised simply because they are unavailable to be used to engage in a war of attrition with the executive arm of government?
- Ironically, these same lawyers and purveyors of fake news could neither find their voices nor do anything when both the judiciary and the legislature were held hostage and shut down by the previous government for close to two years.
- And in share display of hypocrisy they found nothing wrong when we contributed to the building of the NBA national Secretariat and the Body of Benchers Office building when these bodies sought support from all the State Governors who are lawyers.
- They join others to sing our praises when we built and donated an ultra-modern secretariat for the Port Harcourt Branch of the NBA and provided funds for the Ahoada, Bori, Degema, Etche, Isiokpo, Okrika and Omoku branches of the NBA to also build their respective secretariat buildings.
- They saw us as doing so well when we bought and donated 32-seater buses to all the eight branches of the NBA and FIDA to ease their movements and activities.
- They kept mute when we built houses and bought operational vehicles to all the security agencies, including the Army, Air Force, the Navy and the Police, which are all federal agencies.
- It was also okay when we built and provided office accommodation to national and international institutions resident and operating here in Rivers State.
- But everything is always wrong when the beneficiary of our intervention and patronage is the Judiciary, which in their prejudiced and hate-inspired opinionsequate to either buying over the judiciary or some kind of judicial self-compromise.
- Just imagine the situation when there was no National Industrial Court in Port Harcourt and litigants and lawyers from the State had to travel all the way to Yenagoa, which was the Court’s nearest jurisdiction,where over 80 percent of the cases handled by it originated from Rivers State.
- If we had not positively intervened and built the National Industrial Courthouse here in Port Harcourt, lawyers and litigants from Rivers State would still be shuttling to Yenagoa and back for their labour matters at substantial economic and security costs to them.
- Yet, to these politicians masquerading as NBA members and pseudo-activists, this was not a right thing to do.
- Those who before now practicedat the Court of Appeal Port Harcourt, knew how deplorable that courthouse was before we intervened.
- With leaking roof-membranes, broken plastic chairs and disorganized environment, that place could not by any imagination qualify as a suitable place for the effective administration of justice by a Court of Appeal.
- Surprised and disappointed at the neglect, we approached and got the permission of the President of the Court of Appeal to intervene and today a new and well-furnished Courthouse is in place comparable to none other across the country, except the national headquarters in Abuja.
- We were equally concerned with the dilapidated conditions of the Federal High Court and decided to intervene by building a new edifice to replace the crumbling old courthouse, which we have since delivered to enhance the administration of justice in the Federal High Court.
- As at today, no other State Government has equalled what our administration has done to improve the welfare and wellbeing of judicial officers as part of our efforts to advance the administration of justice.
- We did not limit our interventions to the State judiciary alone because we believe that what is good for State judicial officers must also be good for federal judges serving in our State.
- And so we decided to commit to the provision and have since provided befitting official residences at the Old Government Reservation Area for the Justices of the Court of Appeal, Port Harcourt.
- Furthermore, on the 3rd of June 2021, the Chief Justice of Nigeria is due in Port Harcourt to commission and handover the official residences that we have just completed for the Judges of the National Industrial Court, Port Harcourt.
- And on the 4th of June 2021 the Director General of the Nigerian Law School is due in Port Harcourt to join other personalities to flag-off the construction of 1500 capacity auditorium as well as two 900-bed spaces capacity male and female hostels at the Yenagoa campus of the Nigerian Law School as part of our contributions to advance legal education in the country.
- These are all development projects; not political projects by any stretch of imagination.
- Yet, for the political biased and narrow-minded NBA irritants, we should not have been concerned with providing better judicial infrastructure for federal courts even when they know that Rivers people are the greatest beneficiaries of the services of these courts and also, our expressed objectiveand commitment to make Rivers State a veritable judicial hub in the South-South region to advance our socio-economic development.
- Let me say that we are not quite taken aback by the nonsensical vituperations of these never-do-well lawyers who had since taken to dishing out fakenews to satisfy their opposition paymasters and to attract unmerited attention having failed woefully in their lives to make any political headway.
- Our advice is to urge the NBA and its members to concentrate on seeing fundamental improvements to the justice delivery system as we are already doing and not to politicize issues or make bizarre criticisms without factual basis.
- If they think they have interest in and capacity for politics, we welcome them to play by the rules; but it is dishonourable for lawyers to allow themselves to be used as agents of falsehood and destruction.
- And now even FIDA has also disgustingly joined the political fray with their misguided noises on gender equality simply because a woman was not recommended by the National Judicial Council to succeed the retiring Chief Judge of our State.
- How can peoples’ memories be this short if at all someone was not being deliberately mischievous with the facts?
- Was it not our administration that facilitated the appointment of the first female Chief Judge of the State, in the person of Hon. Justice Daisy W. Okocha DSSRS.
- Where was FIDA or were they not in existence when the previous government blocked and denied her appointment until we took over and righted that fundamental wrong?
- Was it not this administration that facilitated the appointment of the first female President of the Customary Court of Appeal of Rivers State in the person of Hon. Justice ChristyNwankwo?
- Was it not our administration that facilitated the appointment of the current and retiring Chief Judge in the person of Hon. Justice AdamaIyayi-Lamikanra?
- We thank God that we stood our grounds and refused to listen to the ethnic champions, including some of her colleagues in this hall, who wanted herdisqualified simply because of her status as a non-indigene even when they knew she had spent over three decades of her life and career in the service of the State.
- And if we may further ask, which administration appointed 12 women out of 12 Chief Magistrates recently recruited into the State’s Judicial Service?
- How could FIDA and its NBA associates in the politics of infamy twist existing facts and use the media to instigate unnecessary tension in the State over the legitimate appointment of the new Chief Judge?
- We were to appoint a substantive Chief Judge for the State and being the most senior judge in the hierarchy is an absolute condition only for the position of an Acting Chief Judge while the parameters forthe former are clearly more and much profound.
- Apart from the basic qualifications, sound character, ability to lead and work harmoniously with colleagues, hard work and willingness to take on challenging cases without a penchant for returning files for reassignment on flimsy excuses are some of accepted dispositional requirements for such very important appointment.
- At any rate,the State Judicial Service Commission could not have recommended a judicial officer who has become notorious for returningcasefiles for reassignment on flimsy excuses to the prime position of Chief Judge.
- No one should have expected the State’s Judicial Service Commission to recommend for appointment as Chief Judge a judicial officer who had promised toreopen disciplinary cases already dealt with and reinstate persons duly disciplined for corrupt practices and abuse of office.
- And no one could have convinced the State Judicial Service Commission to recommend for appointment as a Chief Judge a judicial officer who had promised to work with the political opposition to make the upcoming political transition process very turbulent and difficult for the State.
- When they make their ill-advised statements, set their evil agenda and commit themselves to certain causes that are patently inimical to public interest, they forgot that walls have ears.
- Instead of vainly screaming blue murder over what is basically a non-issue, these ethnic jingoists who felt disappointed by the outcome of the legal process should have approached the NJC to explain to them why their preferred candidate was not recommended.
- As a government, we are here to work to satisfy the public interest and not the personal preferences of anybody in matters of profound public concern and no amount of sentiments, emotional outbursts or playing the ethnic card will make us to deviate from the right pathof good governance and effective service delivery.
- And what was more, we deserve to be praised for successfully navigating the appointment of the new Chief Judge for the State, who will, by the grace of God, be sworn-in tomorrow 26 May 2021 at the Executive Chambers of Government House.
- Also, it is important to reiterate the fact that there was no basis for the Rivers State chapter of the Judiciary Staff Union of Nigeria to have joined the ongoing national strike as the issues in contention do not apply at all to Rivers State where the judiciary is enjoying and continues to enjoy financial autonomy and much improved staff welfare.
- This they know very well and even conceded when we confronted the leaders of the Union with the facts only for them to give the unjust unjustifiable excuse that theirs was a solidarity strike with other defaulting States.
- Then the question is: why should you subject your State and its people to suffer over the sins of other States? This is unacceptable and we cannot continue to play politics with the progress of our State.
- We are not unaware of the so-called agreement among the Federal Government, the Governors Forum and JESUN on the implementation of financial autonomy for the judiciary and legislative branches across the country.
- For us, the said agreement remains a non-issue as no one can dictate to us how to implement financial autonomy for judicial and legislative branches in a way that is better than what we are already doing.
- We would therefore neither set up any new implementation Committee because it’s simply unnecessary, nor allow the State’s judiciary to submit its budget directly to the State House of Assemblyin breach of extant fiscal policies and regulations that regulate the State’s budgeting process.
- I wish to warn therefore that if JESUN fails to call of this strike by the end of this May 2021, then government would have no option but to implement the prevailing law on no-work, no-pay.
- You know very well that we cannot be intimidated by anyone on such or any other matter that borders on the collective interest of Rivers State.
- In closing, let me congratulate the retiring Chief Judge for a most successful career and thank you on behalf of my wife, the government and people of Rivers State for your meritorious service and contributions to the development of the State.
- You have worked so hard for the good of all of us and this is a fact. And if I had the power we probably would not have allowed you to go now. But I cannot because the constitution, duty and time have all approved your departure from office at this time.
- We will miss you. We will miss your invaluable services greatly but we shall not forget your judicial footprints and more importantly, your exemplary life anchored on faith in God and extra-ordinary devotion to humanity.
- Although you are retiring from service I do believe you are not tired of service. And if this is so, then, please, be assured that we will not hesitate to call you up for some other positions as the need arises.
- Finally, we are happy that you are retiring to a new deluxe home, built by Julius Berger Nigeria Plc which you entrusted on the State Government to build for you.
- You displayed another fine aspect of your character and trust in our administration when you politely declined our offer to enable you with the required funds to build your retirement home by yourself.
- Thank you for always believing in us as I confirm to you that your retirement home is ready for you to pack into and enjoy because you deserved it.
- We also hope that your retirement and journey onward may prove to be more joyful just as we pray for your successor to surpass your record of achievements.
- We thank the Chief Judges and other judges of sister States for coming to give solidarity to your departing colleague and wish you a successful tenure in your respective jurisdictions.
- I thank you all for your attention and may God bless us all and take our visitors back home safely.