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Justice Awamem Medam Fwa: The Woman Leading the Fight for Accountability in Adamawa’s Judiciary

November 5, 2024

IN BRIEF

Justice Awamem Medam Fwa, a judge in the Adamawa State Judiciary, has emerged as a celebrated advocate for transparency and accountability in a system often clouded by corruption. In her 12-year career, Awamem has boldly opposed bribery, becoming a rare beacon of integrity in Nigeria’s justice system and inspiring a wave of reform-minded colleagues. Like many of the nation’s public institutions, Nigeria’s judiciary suffers from a complicated political system that has left it vulnerable to corruption, continuously eroding public trust. […]

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Justice Awamem Medam Fwa, a judge in the Adamawa State Judiciary, has emerged as a celebrated advocate for transparency and accountability in a system often clouded by corruption. In her 12-year career, Awamem has boldly opposed bribery, becoming a rare beacon of integrity in Nigeria’s justice system and inspiring a wave of reform-minded colleagues.

Like many of the nation’s public institutions, Nigeria’s judiciary suffers from a complicated political system that has left it vulnerable to corruption, continuously eroding public trust. Justice Fwa has maintained an ethical line she refuses to cross, despite constant pressures. 

“It is my oath of office to do justice to any person that comes before me, irrespective of religion or tribe. I try to abide by my oath of allegiance, and I don’t take bribes. I don’t encourage wrongdoing, and I don’t engage in it,” she states.

As a result of Nigeria’s dynamic political environment, many justices find themselves pressured to compromise their ethics for personal gain or to appease powerful interests. The judiciary’s integrity is undermined by such actions, making Justice Awamem’s stance more courageous.

Recognizing the importance of accountability, Justice Awamem prioritizes transparency within her department. “I ensure weekly meetings with my staff and accountability with files,” she explains. “If someone comes to court to collect compensation, the entire sum is handed over without any deductions.” Her commitment to professionalism and integrity sets a standard for others, offering hope to those seeking justice in a complicated system.

Justice Awamem’s efforts are reminiscent of Justice Mariam Aloma Mukhtar, Nigeria’s first female Chief Justice, who made sweeping reforms during her tenure from 2012 to 2014, cracking down on corrupt practices and inefficiency. Following in her footsteps, Justice Awamem’s efforts show that individual actions can restore public confidence through fairness and discipline.

Justice Awamem knows that leadership is not just about enforcing rules—there is also the need to enhance a culture of integrity within her department. “As a leader, I try as much as possible to remind them that we must do what is right. You cannot impose your values on people, but you can get a few to follow if you lead by example,” she says, while emphasizing the importance of teamwork and creating an inclusive environment for all. Her approach to leadership reflects her belief in collaboration and long-term reform, rather than quick fixes.

While her approach to leadership can be considered effective, the judiciary, with its share of gender discrimination, posed a threat to her career development. The society also places enormous expectations on women to prioritize domestic and family responsibilities over their careers. Women who face this kind of challenge often have difficulty balancing the demands of a judiciary career, with long working hours, travel, and combining with family obligations.

Despite the numerous challenges she occasionally encounters at the expense of carrying out her judicial duty, she believes that the court is not a battleground and must never be seen as one; rather, she views the court as a hospital. “People come with different ailments. Our role is not to impose more hardship on them, but to help them heal,” she says. This philosophy positions her as a compassionate force in a system often criticized for its harshness.

In Adamawa State, there have been significant corruption cases, notably involving former Governor Murtala Nyarko. Nyarko and others were charged with embezzling N29 billion during his tenure. The Economic and Financial Crimes Commission (EFCC) brought 37 counts of charges against him and several co-defendants, including his son Abdul-Aziz Nyarko, on charges of conspiracy, abuse of office, and money laundering. Despite the defendants’ attempts to dismiss the case, the Federal High Court ruled that there was sufficient evidence, and they were ordered to face trial​.

Adamawa has adopted the Administration of Criminal Justice Act (ACJA), which plays a key role in handling such corruption cases. The ACJA aims to eliminate the delays traditionally associated with the Nigerian criminal justice system, ensuring faster prosecution of corruption cases. However, its implementation has faced challenges, such as insufficient legal infrastructure and delays in adapting the state’s judicial processes to meet the requirements of the act.

Infrastructural gaps in ACJA pose diverse implementation challenges, ranging from a lack of properly equipped courtrooms and insufficient technology for case management to inadequate facilities for record-keeping and secure evidence storage. For example, aggrieved protesters during August 1 nationwide #EndBadGovernance invaded the Kano State High Court on August 14, 2024, and reportedly carted away some documents in the corruption trial of Former Kano Governor Abdullahi Ganduje. This best illustrates the inadequacy in Nigeria’s judicial infrastructure, not limited to any specific locations but across the country.

These reforms are part of broader efforts to combat corruption and improve justice delivery in Adamawa and other states. In the administration of justice, a justice faces various challenges that can hinder its ability to deliver fair, timely, and impartial decisions. These challenges stem from systemic inefficiencies, external pressures, or internal ethical dilemmas. Like many of her peers, Justice Awamem faces relentless pressure to compromise her principles.

To uphold justice and protect judges like Justice Awamem from external influences that could compromise their impartiality, there is a need for urgent structural independence of the judiciary. This is very essential, especially in Adamawa, where judicial independence remains fragile due to limited financial autonomy, political influence, and inadequate security for judicial officers. For example, the judiciary often depends on the executive branch for budget approvals and funding, which can make it susceptible to political pressures that undermine fair decision-making, especially in politically sensitive or high-profile corruption cases.

Reforms such as implementing protective measures and establishing financial independence through direct budgetary allocations to the judiciary, combined with a robust oversight framework, would bolster the judiciary’s ability to resist external pressures and uphold the rule of law in Adamawa and beyond.

“I face daily pressure to be corrupt. In the society we live in, it’s just there. People come to obtain favours with bribes and other means, but that’s not how it ought to be,” she tells AL Nigeria. “Sometimes because of my reputation, they avoid me because they know I won’t allow such things.” Her uncompromising stance has earned her both respect and isolation; cases sometimes bypass her entirely, rerouted to judges more willing to engage in unethical practices. “That can also lead to redundancy because sometimes I’ll be left without cases. They move on to the next person that will give them what they want.”

This struggle mirrors that of Justice Ayo Salami, the former President of Nigeria’s Court of Appeal, who faced intense political pressure and was even suspended for his refusal to bow to the demands of powerful interests. Justice Salami chaired the 2010 election petition cases, especially in the case of Rauf Aregbesola v. Olagunsoye Oyinlola, which challenged the gubernatorial election results in Osun State. His verdict, which reversed the election in favour of Aregbesola, reportedly angered powerful political interests.

In August 2011, the National Judicial Council suspended Justice Salami following his refusal to apologize to Justice A. I. Katsina-Alu, the former Chief Justice of Nigeria, who headed the council’s panel that found him guilty of misconduct. In addition to the indefinite suspension, the council recommended to then-President Goodluck Ebele Jonathan to retire him from the bench. In May 2012, the council reversed its decision and recommended his immediate reinstatement, but the Federal Government disregarded the recommendation. Like Salami, Justice Awamem understands that standing up for transparency comes with personal costs, but it is a price she is willing to pay.

The fact that an innocent Justice Salami was suspended, retired, and had his reputation tarnished – only to be later found not guilty – underscores the significant flaws in Nigeria’s judicial system. Such a case can force people to question the integrity and fairness of the system. Furthermore, the fact that the federal government failed to address calls for Justice Salami’s reinstatement maybe interpreted as a disregard for justice and due process. It, thus, begs the question; If a judge, who is supposed to impartially uphold just in society, can be wrongly accused, how can ordinary citizens be ensured of fair treatment in the courts?

The 1999 Federal Republic Constitution of Nigeria (as amended) provides the framework for the administration of justice to uphold the rule of law and the responsibilities that justices must bear. Section 6 ensures that justices have the constitutional mandate to interpret laws and administer justice in all civil and criminal matters within their jurisdiction. Meanwhile, Section 294 addresses the prompt delivery of judgments, promoting efficiency, accountability, and transparency in the judicial process. But even with these protections in place, the path to reform is far from easy.

Justice Awamem’s efforts to support accountability in her department are rooted in a deep belief that every Nigerian has a role to play in upholding justice. “From the corner where you stand, you can impact your environment,” she says, underscoring the importance of personal integrity in the fight for systemic change.

She firmly believes the fight for a corruption-free judiciary is ongoing, and her resolve to maintain her principles offers hope. Her story, one of resilience and integrity, is a reminder that even in the face of overwhelming odds, individual actions can spark broader change. As Nigeria’s judiciary grapples with its future, figures like Justice Awamem Medam Fwa are pivotal in ensuring that justice prevails in its truest form.

This report is championed by Accountability Lab Nigeria and supported by the John D. and Catherine D. MacArthur Foundation and Luminate.

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