By Haddy Touray
Justice Akomaye Agim, former chief justice of The Gambia and current Justice of the Supreme Court of Nigeria is facing controversy after his attendance at a university convocation in Calabar, Nigeria, which has sparked concerns, regarding judicial independence.
His presence at the event, alongside Aminu Ado Bayero—who is embroiled in a legal dispute over the Emir of Kano’s stool—and Nyesom Wike, the Minister of the Federal Capital Territory, has raised questions about potential conflicts of interest.
Justice Agim’s involvement in this controversy comes after his recent ruling in the political crisis in Rivers State, which prompted President Bola Tinubu to declare a state of emergency. The photos from the event, showing Agim alongside politically influential figures, led to significant public criticism. In response, the Supreme Court of Nigeria clarified that Agim attended the convocation in an honorary capacity, having been awarded an Honorary Doctorate for his contributions to law.
Despite the clarification, legal scholar Chidi Odinkalu criticized Agim’s attendance alongside such high-profile figures, suggesting that it could undermine the perceived impartiality of the judiciary. The Supreme Court, however, continues to assert that Agim’s participation was entirely independent and did not affect his judicial responsibilities.
On February 28, 2025, Justice Agim delivered a significant ruling in the case of Rivers State House of Assembly & Anor vs. The Government of Rivers State & 9 Others, which involved a dispute over federal allocations being withheld until a budget was passed by a faction of the State House of Assembly. The ruling raised concerns, as it addressed issues not directly related to the ongoing Federal High Court case, prompting questions about judicial overreach and authority.
This case marked a rare moment in Nigerian legal history, with the Supreme Court intervening in a matter that was still under the jurisdiction of the Federal High Court. Legal counsel for the 27 legislators involved filed a motion to dismiss the case, arguing it had become academic due to the Supreme Court’s ruling.
The controversy deepened on March 14, 2025, when the Court of Appeal in Abuja issued a “Mandatory Injunction,” halting the enforcement of a related January 2025 ruling. This panel included Justice Eberechi Suzette Nyesom-Wike, wife of the Federal Capital Territory Minister, adding further complexity to the case.
The unfolding events highlight the importance of preserving judicial independence. According to the Revised Code of Conduct for Judicial Officers in Nigeria, judges are expected to maintain a distance from frequent litigants to avoid political entanglements and ensure impartiality. The current situation raises concern about the potential erosion of these principles in the Nigerian judiciary.
