NJC Asks Uzodimma to Appoint Most Senior Judge, Suspends 3 Justices

•Dismisses 29 petitions for lacking merit

Wale Igbintade

The National Judicial Council (NJC) has asked the Imo State Governor, Senator Hope Uzodimma, to appoint the most senior judicial officer in the State High Court as Acting Chief Judge, in line with Section 271(4) of the 1999 Constitution.

In a statement by its Deputy Director of Information, Kemi Babalola, the NJC under the chairmanship of the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, said it reached the decision during its 108th meeting.

The council also suspended three serving judicial officers for one year without pay over various acts of misconduct and empanelled nine committees to investigate pending complaints against 27 judicial officers.

The council clarified that the constitutional provision for appointing an acting chief judge does not allow for discretion.

It further resolved to issue a query to Justice Theophilus Nnamdi Nzeukwu to explain, within seven days, why disciplinary action should not be taken against him for presenting himself to be sworn in as Acting Chief Judge of Imo State.

Similarly, Justice V.U. Okorie, President of the Imo State Customary Court of Appeal, who served as Interim Chairman of the State Judicial Service Commission and who recommended Justice Nzeukwu, was also directed to show cause within seven days why he should not face disciplinary action for his role.

Justice Jane Inyang of the Court of Appeal, Uyo Division, was suspended for one year without pay for violating Rule 3(5) of the Revised Code of Conduct for Judicial Officers.

She was found to have abused her office by issuing inappropriate ex parte orders allowing the sale of Hon. Udeme Esset’s petrol station and other businesses during an interlocutory stage in Suit No. FHC/UY/CS/46/2023 while at the Federal High Court, Uyo, before her elevation.

Justice Inyang Ekwo of the Federal High Court, Abuja Division, was also suspended for one year without pay.  He was placed on the council’s watch list for five years and barred from elevation within the same period.

He was found to have ruled on Charge No. FHC/ABJ/CR/184/2021 without hearing the parties or considering an application to set aside proceedings conducted in their absence, thereby violating rules 3.1 and 3.3 of the Judicial Code.

Besides, Justice Aminu Baffa Aliyu of the Federal High Court, Zamfara Division, was suspended for one year without pay and placed on a three-year watch list.

He was found liable for judicial misconduct in Suit No. FHC/GS/CS/30/2021, where he restrained security agencies from performing their statutory duties and disregarded judicial precedents.

Also, Justice A.O. Awogboro of the Federal High Court, Lagos Division, received a letter of caution following a petition by Kasali Azeez Olagoke and S. Hamza regarding Suit No. FHC/CS/2021.

The petition against Justice Othman A. Musa of the FCT High Court was suspended pending the outcome of a Court of Appeal decision in Suit No. FCT/HS/BW/2274/15. A petition against Justice C.N. Mbonu Nwenyi of the Anambra State High Court by Prof. Paul C. Obianaso was dismissed after investigations found no misconduct.

A separate petition against Justice I.E. Ekwo in Suit No. FHC/ABJ/CS/321/2015 was also put in abeyance pending an appeal. Besides, a petition by Mrs. Adaku Amadi against Justice R.B. Haastrup of the National Industrial Court (NJC) was dismissed after the petitioner withdrew her complaint.

The council reviewed 43 petitions from its Preliminary Complaints Assessment Committee. Of these, nine committees were set up to further investigate 11 petitions, 29 were dismissed for lack of merit, and three were held in abeyance pending appellate court decisions.

A petition by Mahmud Aliyu against the 2022 appointment of three judges to the Zamfara State High Court was dismissed. The Council found the petitioner, a candidate in the process, had made unsubstantiated claims based on falsehood and ruled that he be barred from future judicial selection exercises.

In another case, a petition by Abdullahi Liman challenging the 2021 recruitment of six Federal High Court judges was dismissed for being filed outside the six-month window stipulated by Section 11(1) of the Judicial Discipline Regulations.

A petition by Monday Adjeh on the unconstitutional composition of the Oyo State Judicial Service Commission was deemed overtaken by events.

The NJC accepted the voluntary retirement of Justice Babatunde Ahmed Ademola Bakre and approved the name change of Justice I.A. Osayande to Justice I.A. Dika of the Edo State High Court.

Going forward, the Council resolved that the names of candidates being considered for appointment to superior courts will be published for public comment. The goal, it said , is to allow scrutiny and objection based on integrity, competence, or reputation.