THE JURISDICTIONAL POISON: CJN Kekere-Ekun: Stop the Judicial Obstruction. Let the EFCC Prosecute -By John Egbeazien Oshodi

A State Court’s Unprecedented Overreach: A Constitutional Travesty

Dear Chief Justice of Nigeria, Dr. Kudirat Kekere-Ekun, the judicial order emanating from the Niger State High Court, brazenly halting the arraignment of Mustapha Abubakar Bida in the colossal ₦33.8 billion fraud case, isn’t merely an irregularity; it is, quite frankly, a constitutional travesty of the most profound proportions. By attempting to obstruct proceedings in the High Court of the Federal Capital Territory, a court that stands as its peer, a supposedly “coordinate jurisdiction” has effectively and shockingly declared supremacy over its federal counterpart. This act doesn’t just bend the rules; it fundamentally shatters the foundational principle that no Nigerian court may interfere with proceedings in a court of equal standing. The alleged crimes—brazen fraud against the Federal Government, involving a former federal minister and federal agencies—fall squarely, undeniably, under federal jurisdiction. For a state court, situated hundreds of kilometers away and operating under a distinctly separate mandate, to unilaterally sabotage this federal process signals nothing less than jurisdictional anarchy. And let’s be honest, Madam CJN: yes, this is done all the time, but we all suffer, and the world watches and laughs at the blatant disregard for due process, the transparent manipulation of our laws. If this brazen maneuver is allowed to stand unchecked, it doesn’t just set a bad precedent; it establishes a catastrophic one, empowering any fraud suspect with illicit wealth to simply flee to a compliant state judge, thereby indefinitely evading justice, rendering our federal anti-corruption agencies powerless, and making our laws utterly, tragically meaningless.

The Suspicious Mechanics of Evasion: Legal Jujitsu Paralyzing Accountability

The timing and method of Mr. Bida’s legal maneuver reek not of legitimate defense, but of engineered impunity. Securing an ex parte order—a judicial instruction given without the knowledge or presence of the opposing party—just one day before his scheduled arraignment in Abuja, is not mere coincidence; it is the hallmark of a cynical, tactical forum shopping exercise. The dubious claim of a “Non-Prosecution Agreement” cited in the order is equally suspicious. If such a legally binding agreement truly existed, its proper and ethical forum for presentation and validation belonged exclusively before the FCT High Court where the charges had already been laid and where the Economic and Financial Crimes Commission (EFCC) could transparently challenge its validity. By racing to Minna, Mr. Bida’s legal team brazenly avoided necessary scrutiny and circumvented due process. Ex parte orders are designed for genuine emergencies—situations where immediate intervention is crucial to prevent irreparable harm. They were never intended, by any stretch of legal interpretation, to serve as a shield for suspects attempting to evade scheduled trials involving a staggering ₦33.8 billion in stolen public funds. This is not the application of law; it is legal jujitsu, expertly applied to paralyze accountability and frustrate justice.

The ₦33.8 Billion Wound on Nigeria’s Soul: A Human Tragedy Beneath Legalities

Behind the cold legal technicalities and the procedural charade lies a searing human tragedy that strikes at the very soul of Nigeria. These colossal funds, ₦33.8 billion, were explicitly earmarked for the Zungeru Hydroelectric Power Project—a critical infrastructure initiative desperately needed to light homes, power industries, and uplift millions of lives in a nation perpetually drowning in darkness. Instead, these billions allegedly vanished into a labyrinth of shell companies, many bearing names that now sound almost cynically ironic: “Breathable Investments” (₦483 million), “Fullest Utility Concept” (₦435 million), “Strong Field International” (₦481 million), and others. These are not victimless crimes committed against an abstract entity called “the government.” Every single naira stolen from these projects is a direct blow to the hopes, health, and economic prospects of countless Nigerian citizens. When our courts then become perceived enablers, issuing orders that facilitate suspects in avoiding trial for such monumental theft, they are, in effect, endorsing the brazen looting of Nigeria’s present and future. The painful, undeniable message conveyed to the struggling, exasperated citizen is brutally clear: elites play by entirely different rules, and their impunity is often sanctioned by the very institutions meant to uphold justice.

The Cancer of “Jankara Justice”: A Catastrophic Precedent

Legal analysts have rightly, and pointedly, condemned this specific order as a prime example of “jankara justice”—a term that vividly describes a judicial system where dubious technical maneuvers are deployed to aggressively trump the pursuit of truth and accountability. This order sets a catastrophic precedent that threatens to metastasize throughout our legal framework:

Weaponizing Fundamental Rights: Provisions designed to protect genuine human rights are disgracefully twisted and perverted to serve as shields for alleged looters, thereby betraying the very citizens who are deprived of essential public goods by their actions.

Rewarding Delay Tactics: Suspects in high-profile corruption cases now have a clear, effective blueprint to exploit jurisdictional ambiguities and manipulate ex parte loopholes, indefinitely delaying or outright circumventing justice.

Demoralizing Law Enforcement: The dedicated men and women of the EFCC, who risk their lives daily to meticulously gather evidence, investigate complex financial crimes, and build strong cases, are forced to watch in utter dismay as the judiciary nullifies their painstaking work with the mere stroke of a pen.

This is not justice; it is judicial sabotage—a severe, self-inflicted wound that relentlessly bleeds public trust and cripples the nation’s capacity to fight its most corrosive enemy: corruption.

The Unspoken Pressure on Judges: A Call for Unwavering Courage

We cannot, and must not, ignore the uncomfortable truth, the elephant in the courtroom: judges often operate in an environment fraught with immense pressure. The realities of our society mean they can face subtle or overt threats from powerful politicians, insidious financial inducements disguised as “gifts,” and challenging tests of loyalty based on ethnicity or personal connections. This painful reality, however, can never, under any circumstance, serve as an excuse for capitulation. As you, CJN Kekere-Ekun, have courageously declared on numerous occasions: “A judge’s oath demands moral courage—to resist compromise, to reject nonsense orders, and to uphold the sanctity of justice above all else.” When a judge, anywhere in Nigeria, issues an order as brazenly contemptuous of established procedure and good conscience as the one from Minna, it signals either profound external coercion or deeply troubling internal complicity. Your esteemed office, Madam CJN, has a dual, critical responsibility: to establish robust mechanisms to protect judges from intimidation, ensuring their safety and independence; but equally, to rigorously hold them accountable when they unequivocally betray the sacred oath they have sworn.

Your Lordship’s Path to Judicial Redemption: A Final Verdict for Nigeria

The Niger State order is not an isolated incident; it is a glaring, festering symptom of a decaying system that urgently requires your decisive intervention. To eradicate this poison and begin the arduous process of judicial redemption:

Issue Binding Practice Directions with Unambiguous Clarity: State, with absolute clarity and force, that no state court possesses the authority to interfere with ongoing federal criminal proceedings. Furthermore, implement a strict protocol mandating that ex parte orders in high-stakes corruption cases (e.g., above ₦1 billion) must undergo immediate, mandatory review by the Chief Justice’s office before enforcement, or be subject to automatic invalidation.

Activate NJC Disciplinary Powers with Zero Tolerance: Initiate an immediate, thorough, and transparent investigation into Justice Mikailu’s order for clear abuse of judicial power and potential complicity in forum shopping. If evidence confirms a breach of judicial conduct, suspend him immediately to send an unequivocal message that such actions will not be tolerated and to deter any other judge contemplating similar affronts to justice.

Create an Impenetrable Judicial Shield: Establish highly secure, confidential channels for judges to report any and all instances of political pressure, financial coercion, or outright intimidation directly to your office or the Department of State Services (DSS)—without any fear of exposure or reprisal. Protecting the guardians of justice is paramount.

Your Lordship’s Path to Judicial Redemption: A Final Verdict for Nigeria

Dear Chief Justice of Nigeria, Dr. Kudirat Kekere-Ekun, this pivotal moment stands as the crucible of your legacy. To permit this egregious order from the Niger State High Court to stand unchallenged is to effectively green-light widespread jurisdictional chaos, to implicitly endorse the ongoing erosion of judicial integrity, and to tragically entrench the perception of judicial complicity in corruption that already plagues the nation. The time for mere rhetoric has passed; the time for deterrence is upon us. This specific judge needs to be invited to Abuja, to the very seat of the Chief Justice’s authority, to account for an order that defies both law and logic. Your intervention, Madam CJN, must be decisive, wielding the gavel with the unwavering courage and righteousness demanded by your office, to reclaim the judiciary’s tattered moral authority and rekindle the dying embers of public hope. The ₦33.8 billion at the heart of this case is far more than just money; it is a painful metaphor for stolen dreams, squandered opportunities, and deeply betrayed trust. When Nigerian citizens witness their courts aiding and abetting those who rob them of their future, they lose faith not just in the justice system, but in the very idea of Nigeria itself. You, Madam CJN, alone hold the gavel that can restore balance and reclaim our judicial soul. Strike down this “jankara” order. Let the trial proceed in Abuja. And, most importantly, prove unequivocally that no one—not even judges—is above the law, for the sake of Nigeria’s very soul.

As a forensic psychologist and advocate for judicial integrity, my concern is not with the individuals in this specific case, but with the profound psychological and societal damage inflicted upon a nation when its fundamental institutions of justice are repeatedly undermined. This is about Nigeria, its future, and the trust its citizens can — or cannot — place in the rule of law.

Psychologist John Egbeazien Oshodi

Professor John Egbeazien Oshodi is an American psychologist, educator, and author specializing in forensic, legal, and clinical psychology, cross-cultural psychology, police and prison sciences, and community justice. Born in Uromi, Edo State, Nigeria, he is the son of a 37-year veteran of the Nigeria Police Force—an experience that shaped his enduring commitment to justice, security, and psychological reform.

A pioneer in the field, he introduced state-of-the-art forensic psychology to Nigeria in 2011 through the National Universities Commission and Nasarawa State University, where he served as Associate Professor in the Department of Psychology. His contributions extend beyond academia through the Oshodi Foundation and the Center for Psychological and Forensic Services, advancing mental health, behavioral reform, and institutional transformation.

Professor Oshodi has held faculty positions at Florida Memorial University, Florida International University, Broward College, where he also served as Assistant Professor and Interim Associate Dean, Nova Southeastern University, and Lynn University. He is currently a contributing faculty member at Walden University and a virtual professor with Weldios University and ISCOM University.

In the United States, he serves as a government consultant in forensic-clinical psychology, offering expertise in mental health, behavioral analysis, and institutional evaluation. He is also the founder of Psychoafricalysis, a theoretical framework that integrates African sociocultural dynamics into modern psychology.

A proud Black Republican, Professor Oshodi advocates for individual empowerment, ethical leadership, and institutional integrity. His work focuses on promoting functional governance and sustainable development across Africa.