Madam CJN, Justice Kudirat Kekere-Ekun: A Psychologist’s Appreciation for Your Integrity and Courage in Correcting the Judicial Missteps of Justice Tsoho and Nyako – Obulu! (Thank You)

The unfolding legal case of Mazi Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), has become a significant focal point for discussing the integrity and independence of Nigeria’s judiciary. The actions of Justice John Tsoho, Chief Judge of the Federal High Court, and Justice Binta Nyako have raised important questions about how power dynamics within the Nigerian legal system can affect the principles of fairness and justice. Kanu’s case presents a troubling image of how judicial decisions might be influenced by external forces.

While the recent Supreme Court decision regarding Rivers State has sparked considerable debate among Nigerians, many perceiving it as controversial under the leadership of the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, her response to the handling of Kanu’s case deserves recognition. Despite the ongoing debates about the Rivers State ruling, which some view with skepticism, the CJN’s actions in Kanu’s matter have been decisive and impactful. She has demonstrated strong leadership by addressing the concerns surrounding Justice Tsoho’s overall management of the trial, effectively slowing the potential for unjust outcomes and ensuring that the case proceeds with fairness at its core. Her intervention has made it clear that she is committed to upholding judicial independence and ensuring that due process is followed.

This writer, a psychologist, has no personal relationship with any of the individuals mentioned here. My analysis is grounded in a belief in the importance of democratic values, fairness, and the need for reform within the judicial system. The focus is not on critiquing individuals, but on reflecting on the critical actions that shape the legal process and impact the public’s confidence in the judiciary. It is important to recognize the positive steps taken by the CJN, as these actions help promote the principles of justice and impartiality, which are essential for any functioning legal system.

The Psychological Significance of Recusal: A Moment of Ethical Decision-Making

In the case of Mazi Nnamdi Kanu, the request for Justice Binta Nyako to recuse herself from overseeing the trial was a significant psychological and ethical decision. Recusal requires a judge to reflect deeply on whether they can impartially adjudicate a case. Nyako’s decision was a reflection of her ethical judgment, recognizing that the perception of fairness is just as crucial as the actual fairness of the proceedings. By stepping aside, Nyako sought to preserve the integrity of the judicial process and ensure public trust in the trial, highlighting the psychological weight of maintaining judicial impartiality.

However, this ethical act was undermined when Chief Judge John Tsoho returned the case file to her, disregarding her decision. Instead of respecting her recusal, Tsoho’s action ignored the ethical foundation of the judicial process, creating a psychological imbalance that compromised the perceived fairness of the case. A judge’s conscience should be paramount in such situations, but Tsoho’s decision to override Nyako’s recusal introduced a dissonance between the legal process and its ethical underpinnings, raising questions about the transparency and independence of the judiciary.

The Emotional Toll of the Public Reopening of the Case

When Nyako ultimately reopened the case, it became clear that the personal and professional strain was immense. Kanu’s vocal public criticism of her was not just a legal confrontation; it was a deeply personal challenge to her authority. The emotional burden on Nyako was palpable—having made the ethical decision to recuse herself, being forced back into a case she had stepped away from only to be publicly humiliated, must have taken a heavy toll on her. Her decision to adjourn the case indefinitely wasn’t simply an administrative choice but a clear indication of her personal defeat and frustration. This moment revealed the human cost of such an ethical dilemma, highlighting how personal integrity can be compromised when the system fails to respect a judge’s ethical decisions.

Tsoho, as Chief Judge, had a responsibility to correct this situation. Recognizing the emotional and ethical toll on Nyako, he could have swiftly reassigned the case to another judge, respecting her recusal and restoring fairness to the process. Instead, his failure to intervene left Nyako exposed and undermined her authority. This inaction not only left the issue unresolved but also magnified the psychological and professional strain she had already endured.

Tsoho’s Role: A Subtle Undermining of Justice

Tsoho’s intervention in this matter raises profound questions about the concentration of power within the judiciary. By overriding Nyako’s ethical recusal decision, Tsoho ignored the fundamental principle that judicial decisions should be respected, regardless of external pressures. This intervention created a situation where the integrity of the judicial process was compromised, suggesting that decisions could be swayed by political or personal interests.

Psychologically, Tsoho’s failure to honor Nyako’s recusal order sent a damaging message about the rule of law. It indicated that the judicial process could be manipulated by external forces, leaving both Kanu and the public in a state of uncertainty. This created insecurity about the fairness of the system, eroding trust in its impartiality. By overstepping Nyako’s decision, Tsoho not only undermined her authority but also contributed to a deeper issue of institutional manipulation where power, not justice, dictates the course of legal proceedings.

The CJN’s Intervention: Restoring Integrity and Confidence

Then came the intervention of the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, marking a pivotal moment in the case. Her swift and decisive action to reassign the case to another judge was a powerful affirmation of the importance of judicial integrity. The CJN’s intervention was a direct response to the growing concerns that fairness in the trial process was being compromised, not just through procedural issues but through the failure to respect ethical decisions like Nyako’s recusal.

Her timely action ensured that the legal process was restored to its proper course, reaffirming the principle that ethical decisions should be upheld, and that the judiciary must remain independent from political influence. The CJN’s leadership served as a reminder that the judiciary, when properly guided, can function impartially, regardless of external pressures.

Leadership and Integrity: The CJN’s Role

The CJN’s role in this case cannot be overstated. Her decision to intervene in the face of significant challenges was a powerful demonstration of leadership. The swift and clear action taken by the CJN emphasized the need for leadership that prioritizes fairness, transparency, and the rule of law. In a judiciary where external pressures often cloud decision-making, the CJN’s intervention ensured that justice was not only done but was seen to be done. Her leadership at this critical juncture was crucial in restoring public confidence in the judicial process, reaffirming that the judiciary must remain a space where fairness prevails over personal or political interests.

Nyako’s Integrity and the Challenges for Female Judges

Justice Nyako’s initial decision to recuse herself was an act of integrity that should have been respected by all involved. However, her actions were quickly overshadowed by the intervention of her male counterparts, revealing the broader challenges faced by female judges in a male-dominated judicial system. Women in positions of power within such systems often face unique challenges, from being undermined by male colleagues to having their decisions disregarded. Nyako’s recusal was an ethical decision that should have been upheld, but the institutional and gender-related dynamics within the judiciary played a significant role in the way her authority was diminished.

This situation highlights how the personal integrity of female judges can be compromised by institutional forces, and how gendered power dynamics can affect the functioning of the legal system. Nyako’s case is a powerful example of the struggles women face in navigating a legal system that, despite its legal obligations, is often shaped by ingrained societal and institutional biases.

The Family’s Call for Disciplinary Action: Setting a Precedent for Judicial Accountability

The family of Mazi Nnamdi Kanu has rightly called for disciplinary actions against the judges involved in his case, particularly Chief Judge John Tsoho and Justice Binta Nyako. Their actions have raised serious concerns about the integrity of the judicial process. As the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, you have a critical responsibility to address these concerns. The call for accountability is not just a response to Kanu’s case, but also an opportunity to set an example for the judiciary, reinforcing public trust and maintaining its integrity.

The need for judicial accountability is especially urgent when it comes to what I term the “Abuja judges”—judges who have spent extended periods in the nation’s political capital, where the influence of powerful political forces is most concentrated. Prolonged tenure in such an environment can expose judges to subtle but significant risks of bias or undue influence. This underscores the importance of ensuring the judiciary remains independent and free from external pressure. Disciplinary actions are necessary not just for specific cases, but for the broader purpose of preserving the judiciary’s integrity and impartiality.

The Risk of Prolonged Tenure in Abuja

The proximity of Abuja to political power makes it a unique and potentially problematic setting for judges. Judges based in the capital are, by nature of their location, more susceptible to external pressures that could affect their decision-making. The situation in Kanu’s case highlights the challenges faced by judges working in politically charged environments. While this does not mean all judges in such positions are influenced, the reality is that prolonged tenure in such environments increases the chances of decisions being clouded by political factors.

The longer judges remain in Abuja, the greater the potential for their impartiality to be questioned. Public perception of judicial impartiality is a cornerstone of trust in the legal system. Any hint of bias—whether real or perceived—undermines confidence in the judiciary and erodes public trust in the fairness of the legal process. It is vital for the system to guard against such risks to ensure the judiciary can perform its duties without external influence.

A Call for Action: Restoring Trust in the Judiciary

Madam CJN, I know you are a strong woman, and while I acknowledge the nonsensical patriarchal nature you face within the system, you have proven time and again that you can overcome these challenges. This moment presents an opportunity to take decisive action that will reinforce the integrity of the judiciary and restore the public’s trust. The actions of Chief Judge Tsoho and Justice Nyako, particularly in the handling of Kanu’s case, should not go without consequence. It is vital to demonstrate that the judiciary will not tolerate actions that undermine its ethical foundation. Disciplinary action must be taken to show that the integrity of the judicial system is paramount.

You have already shown courage in your actions, but as you continue to stand firm in the face of these challenges, it is important to not just stop here. The system needs a greater transformation. To hell with what the powers in Abuja think, just do what is necessary. The time has come to send out those who have become too comfortable and too entrenched in the politics of Abuja. It’s time to make bold decisions, replace those who have overstayed their relevance and are too embedded in the political landscape. It’s time to ensure that the judiciary operates with the independence, fairness, and transparency that Nigerians deserve.

Nigeria, by the grace of God, Allah, and the likes of you, this psychologist sees a future where the judiciary thrives democratically, where integrity and fairness are the bedrock of every legal proceeding. Madam Justice, thank you once again for your leadership and unwavering commitment to justice.

Conclusion: Upholding Judicial Integrity

The call for disciplinary action against certain judges in Kanu’s case is not simply about addressing isolated issues but about safeguarding the integrity of the entire judiciary. Prolonged stays in politically charged environments, such as Abuja, can pose risks to judicial independence. The CJN must take proactive steps to ensure that the judiciary is shielded from undue influence and that judges, regardless of their position, act impartially and free from external pressures.

By setting a precedent of unwavering independence and transparency, the Chief Justice of Nigeria (CJN) holds the power to restore and reinforce public confidence in the judiciary. The legal system must remain an institution of fairness, one that operates beyond the reach of political interference and upholds the fundamental values of justice and integrity that Nigerians rightfully deserve.

Madam CJN, Justice Kudirat Kekere-Ekun, you have demonstrated the strength and capability required to lead this transformation. The responsibility before you is profound—to cement the judiciary’s role as the last hope of the common citizen, ensuring that rulings are based solely on law, evidence, and constitutional principles, free from external pressures.

CJN, it is time to make it a mandatory requirement for judges and magistrates to periodically undergo training in ethics, integrity, and judicial conduct. Just as it is done in the United States, these courses must not be optional but a prerequisite for maintaining their licenses or certifications. This standard must also extend to lawyers, ensuring that all legal practitioners are consistently educated on the highest ethical and professional standards. These trainings can be conducted either in-person or online, eliminating the need for participants to leave the country. Nigeria has the capacity to implement such an initiative domestically, leveraging local expertise and technology to instill continuous professional development within the judiciary.

Continue to champion the much-needed judicial reforms, ensuring that no individual, regardless of status or political affiliation, stands above the law. By doing so, you will set a new standard for justice in Nigeria, one that future generations can look to with pride.

In my native Esan language, I close with a word of gratitude—Madam CJN, Justice Kudirat Kekere-Ekun, “Obulu.”

Oshodi Open Door, also known as Oshodi Open Door Public Training (OOPDT, pronounced opidt), is a public awareness initiative promoting transparency, accountability, and integrity in Africa through educational articles and resources at jos5930458@aol.com, and offers specialized Timely Response Solutions (TRS) training at minimal or no cost.

Professor John Egbeazien Oshodi is an American psychologist, educator, author specializing in forensic clinical psychology, cross-cultural psychology, police prison science, social justice. Born in Uromi, Edo State, Nigeria, he is the son of a 37-year veteran of the Nigeria Police Force, a background that shaped his commitment to justice, security, psychological research.

A pioneer in forensic psychology, he introduced state-of-the-art forensic psychology to Nigeria in 2011 through the National Universities Commission (NUC) Nasarawa State University, where he served as an Associate Professor in the Department of Psychology. His contributions extend beyond academia into psychological health behavioral change initiatives through the Oshodi Foundation the Center for Psychological Forensic Services.

Professor Oshodi has held faculty positions at Florida Memorial University, Florida International University, Broward College, Nova Southeastern University, Lynn University. He is also a contributing faculty member in the doctoral undergraduate psychology programs at Walden University serves as a virtual professor with Weldios University and Iscom University.

Beyond academia, he is a government consultant for forensic-clinical psychological services in the USA previously served as Interim Associate Dean Assistant Professor at Broward College, Florida.

He has published extensively on mental health, justice, institutional reform is the founder of the Psychoafricalysis theory, which integrates African sociocultural perspectives into psychology.

Professor Oshodi remains an influential force in advancing psychology institutional reform globally, particularly in Africa.