The Socio-Economic Rights and Accountability Project (SERAP) has petitioned the United Nation, seeking its intervention in bringing to justice the individuals responsible for the raid on the residence of Supreme Court Justice, Mary Odili.
The human rights group in a petition dated November 13, 2021 and addressed to the UN Special Rapporteur on the independence of judges and lawyers, Diego García-Sayán, is seeking a credible, transparent investigation into the circumstances surrounding the raid of the residence of the second most senior jurist of the apex court.
Justice Odili’s residence at No. 9, Imo Street, Maitama, Abuja, was raided by some persons. Initially, reports had it that some security operatives were responsible for the raid. The security operatives were said to have obtained a search warrant from a Magistrate Court in Abuja.
However, since the raid, the Nigerian Police Force, Department of State Services and the Attorney-General of the Federation, Abubakar Malami, have all denied any involvement in the raid.
In a move to mount pressure on the Federal Government, SERAP has written a petition to the UN to ensure that it prevails on the Nigerian government to conduct a transparent investigation of the matter.
The group is asking the UN rapporteur to “ask the Nigerian government to ensure that any investigation into the assault is based on human rights principles, and protected from undue influence. The outcome of the investigation must be made public, and the suspected perpetrators and their sponsors brought to justice.”
This was contained in the petition signed by SERAP deputy director, Kolawole Oluwadare. The group said the raid was an attempt to harass and intimidate Justice Odili and was apparently aimed at further weakening judicial independence and the rule of law in Nigeria.
The petition reads in part, “We urge you to push for the adoption of a resolution by the Human Rights Council to establish an international, independent, and impartial investigative mechanism into the attack on Justice Odili and other unresolved cases of intimidation and harassment of the judiciary, and assault on the rule of law in Nigeria since May 29 2015.
“An international investigation into the cases of intimidation and harassment of judges in Nigeria will meet the highest international standards and best practices, and assist the Nigerian authorities to take steps to improve respect for the independence of the judiciary, the rule of law, and access to justice for victims of human rights.
“If not urgently addressed, the attacks, intimidation and harassment of the judiciary may render judges unable to defend the rule of law, to provide accountability for the many gross human rights violations in the country, or to protect the rights of the Nigerian people.
“Nigerian authorities have a legal obligation to take measures to protect the independence of the judiciary, and ensure the safety and security of individual judges.
“SERAP urges you to visit Nigeria to carry out a mission to investigate cases of intimidation and harassment of judges, assess the independence of the judiciary and the rule of law, and to continue to monitor the situation.
“The proposed visit would help to support the efforts to bring Nigeria’s justice system in line with international standards, and free of political interference.
“Nigerian authorities continue to fail to thoroughly, impartially, independently, transparently and effectively investigate cases of attacks, intimidation and harassment of judges, the very people who protect and guarantee human rights.
“Independence of the judiciary is enshrined in the Nigerian Constitution of 1999 [as amended], and under human rights treaties including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights to which Nigeria is a state party.
“The attack on Justice Odili is not an isolated incident. There have been several violations of judicial independence and the rule of law in the country. In 2016, for example, Nigerian authorities reportedly invaded in the middle of the night the homes of some judges of the Federal High Court and Justices of the Supreme Court.
“The authorities have so far failed and/or refused to identify those suspected to be responsible and to bring them to justice.”
