NJC bars judges from promotion over issuance of conflicting ex-parte orders
The National Judicial Council (NJC) has barred three judges of courts of concurrent jurisdiction from promotion to the higher bench for a period ranging from two to five years whenever they are due.
The affected judges are said to have granted conflicting ex-parte orders in matters with the same parties and subject matters.
At its emergency meeting held in Abuja between December 14 and 15, 2021, the NJC passed the resolution to bar the three judges.
The outcome of the meeting held behind the closed door was made public in a statement issued on Thursday by the NJC Director of Information, Mr Soji Oye.
The statement said that even though there was no written petition, allegations of corruption or impropriety against the judges, the Council nevertheless, initiated an investigation pursuant to its inherent disciplinary powers under the constitution to unravel the circumstances that led to the spate of ex-parte orders.
The meeting, which was chaired by the Deputy Chairman of Council, Justice Mary Peter-Odili, agreed with the recommendations of the investigation committee set up in September 2021 that Justice Okogbule Gbasam of the High Court of Rivers State be barred from elevation to higher bench for two years whenever he is due, as he failed to exercise due diligence in granting the ex parte order.
The offending order was issued in Suit No: PHC/2183/CS/2021 between IBEALWUCHI EARNEST ALEX & 4 ORS AND PRINCE UCHE SECONDUS & ANOR, as there was no real urgency, in the circumstances of the matter, that would have required an ex parte order.
“His Lordship is also issued with a warning letter to be circumspect in granting such ex parte orders in the future.
“Council also resolved that Justice Nusirat I. Umar of the High Court of Kebbi State be barred from elevation to higher Bench for two years whenever due, having found fundamental defects and non-compliance with the law in granting the Ex parte Order,” the council said.
Her ex-parte order was issued in Suit No: KB/HC/M.71/2021 between YAHAYA USMAN & 2 ORS AND PRINCE UCHE SECONDUS & others.
He was also issued with a warning letter to be circumspect in granting such Exparte Orders in the future.
On his part, Justice Edem Ita Kooffreh of the High Court of Cross River State will not be promoted to a higher bench for five years for allowing himself to be used as a tool for “forum shopping” and abuse of the court process.
He issued the order in Suit No: HC/240/2021 between Mr ENANG KANUM WANI AND UCHE SECONDUS as it was evident that, in granting the Exparte Order.
He was seised of earlier orders of the High Courts of Rivers and Kebbi states, being courts of coordinate jurisdiction with his.
He is also to receive a warning letter to be circumspect in granting such Exparte Orders in the future.
The Council also placed him on its watch list for a period of two years.
Meanwhile, the Council has approved the appointment of 63 judges for 16 states, nine of which are Heads of Court.
The Council also received notifications of retirement from Hon. Justice Mudashiru Oniyangi of the Court of Appeal, Hon. Justice Bello Duwale of the High Court of Sokoto State, Hon. Justices S. A. Omonua and O. S. Uwuigbe of the Edo State High Court, Hon Justices M. A. Pindiga and Beatrice L. Iliya of the High Court of Gombe State, Hon. Kadi Muhammad O. Abdulkadir, Grand Kadi, Sharia Court of Appeal, Kwara State and Hon. Justice S. M. C. Ururuka-Ogeshi, President, Customary Court of Appeal, Abia State.
It also received notification of the deaths of Hon. Justice A. K. Fowe, High Court, Ekiti State, Hon. Justice Chinonyerem Onii, High Court, Imo State and Hon. Dr. Kadi Shehu Ibrahim Ahmad, Grand Kadi, Kaduna State.
Similarly, the Council approved the promotion of 84 members of staff ranging from salary Grade levels 7 to 17 as submitted by its Appointment, Promotion and Disciplinary Committee.
