By Ugochukwu Alaribe

Former Attorney-General of Abia State and Senior Advocate of Nigeria, SAN, Chief Uche Ihediwa, faced suspension from his rank on July 1, 2024, after exposing corruption in judicial appointments in his state.

However, on February 6, 2025, the Legal Practitioners’ Privileges Committee, LPPC, cleared him of any wrongdoing and reinstated his SAN title.

In this interview with Law and Human Rights, he shares his experience, discusses judicial independence, and calls for urgent reforms in the appointment process.

Excerpts:

How do you feel about your restoration to the rank of SAN?

I give glory to God first and then to all friends and well-wishers who stood by me during that difficult period. It was a tough experience -being sanctioned for speaking in favour of the judiciary. But I am grateful that today, people are beginning to acknowledge the truth in what I said.

I am also thankful that the LPPC handled the matter wisely and resolved it before a full-scale trial. The independence of the judiciary must start with the appointment process. The current system, where governors control the state judicial service commissions and determine who becomes a judge, is unhealthy.

I’m glad I am not the only one raising this concern. During a training session at the judicial institute, experts emphasized the need to review the appointment process. In a typical state judicial service commission, five out of seven members are appointed by the governor. And as the saying goes, “He who pays the piper dictates the tune.” This needs to change.

You appeared calm during the period. Were you not worried?

I was calm because I didn’t feel any guilt. When someone commits a crime, they carry a sense of guilt. But I had done nothing wrong. I never saw myself as having committed any professional misconduct.

I had faith in the LPPC, knowing they would thoroughly investigate the matter and see the truth. That’s why I remained composed. Interestingly, the suspension happened during the legal vacation period, and I travelled abroad for two months. When I returned, I resumed my work and appeared in court.

The important thing is not whether one falls, but the ability to rise again. I trusted that justice would be done, and thankfully, it was.

How did you feel when you appeared in court without your SAN rank?

I felt like an ordinary lawyer. It was humiliating, and I would only appear in court under compelling circumstances. But I noticed something remarkable – whenever I appeared in court, my colleagues treated me with the utmost respect, as if I still had the SAN rank.

They continued to accord me privileges, and I believe it was because many of them felt that I had been unfairly treated.

Was your suspension linked to your disagreement with the immediate past NBA president, Yakubu Maikyau, SAN?

Yes, we had a disagreement during an International Bar Conference in Paris, France. One thing led to another, and he later petitioned against me for alleged professional misconduct.

His main issue was that, as Attorney-General, I exposed corruption in the appointment process of judges in Abia State. That was the real problem. The LPPC reviewed the matter and found no professional misconduct on my part. They concluded that the case did not warrant a full-scale trial. I am grateful to the LPPC for their wisdom and fairness.

What can be done to ensure that the appointment of judges is free from political interference?

The federal judiciary has a more structured appointment process. The NBA nominates two members to the judicial selection committee, alongside other stakeholders. However, at the state level, this safeguard does not exist.

To improve the system, the NBA should nominate at least two lawyers as members of the state judicial service commissions. Alongside the Chief Judge and the President of the Customary Court of Appeal-who are statutory members-these four individuals can help balance the process. This would prevent the governor from unilaterally deciding who gets appointed.

Additionally, governors should only appoint civil society representatives with proven integrity. But in Nigeria, the interpretation of “people of high integrity” is often subjective. To prevent abuse, civil society groups should elect 10 credible members, from which the governor selects two.

Similarly, the NBA must ensure it nominates only reputable individuals. If those recommending judicial appointments uphold integrity, society will begin to trust the process and those appointed.

In the past, many lawyers were reluctant to become judges. But today, when such positions are advertised, hundreds of applications flood in. This reflects the societal decay that has permeated every sector. I never aspired to be a judge, even though I had the credentials. Some Attorneys-General transitioned to the bench, but I never pursued it. The selection process should return to a system where serving judges identify outstanding lawyers based on their courtroom performance and recommend them for appointment.

You said judges should live like hermits. What do you mean?

A judge plays a role akin to God in determining legal outcomes. That’s why a judge’s seat in a courtroom is elevated above others. The position demands a life of discipline and detachment from social and political influences.

Judges should avoid attending social functions that could compromise their neutrality. If a judge must attend a burial or other events, it should be discreet – before or after the main ceremony. But what do we see today? Some judges openly accompany politicians to events, which should not happen.

There are strict rules of conduct.

As a lawyer, if you have a case before a judge, you are not supposed to interact with them socially. If you do, the judge must recuse themselves from your case. The judicial office is highly spiritual. Unfortunately, in Nigeria, we have eroded these principles.

Judges should live like hermits-social life is not for them. I’m not saying judges shouldn’t socialize at all, but they should avoid excessive public engagements.

I recall a judge in Lagos who was dismissed for attending the thanksgiving service of someone he had released from jail. That single action ended his career. Today, however, political patronage dictates judicial appointments, undermining these ethical standards.

I hope for a future where judges are appointed based on merit, not political connections. Previously, judges recommended lawyers for appointment based on their performance in court. Now, if a judge refuses to endorse someone, they risk making an enemy. We must restore integrity to the process.

Abia presently can’t appoint new judges. The problem started during your tenure as Attorney-General. What happened?

Yes, it started during my tenure as Attorney-General and Commissioner for Justice. I advised on what needed to be done, but my recommendations were ignored. Under the current administration of Governor Alex Otti, I still believe my advice should be followed.

If the governor writes to the National Judicial Council (NJC), stating reasons for withdrawing the old list of nominees and submitting a fresh one, the NJC will likely accept it.

The issue in Abia judiciary arose because the initial appointment process lacked transparency. Some lawyers challenged it in court, which stalled proceedings at the NJC. Until the new government does the right thing, Abia State cannot appoint new judges.

Judicial independence is fundamental to justice. Reforming the appointment process, eliminating political interference, and upholding strict ethical standards will restore public confidence in the judiciary.

Judges must embrace a life of restraint, focusing solely on dispensing justice without external influences. If we don’t address these issues now, the integrity of our legal system will continue to deteriorate.