NJC gives final directive on Igini’s N5bn suit against ex-Edo APC chairman

…Orders trial judge, Eboreime, to continue, determine case

The National Judicial Council (NJC) has given a final directive to the Edo State Chief Judge (CJ), Justice Daniel Okungbowa, on the N5 billion libel suit filed by the former Akwa Ibom State Independent National Electoral Commission (INEC) Resident Electoral Commissioner (REC), Mr. Mike Igini, against the former State Chairman of the All Progressives Congress (APC), Colonel David Imuse (Rtd).

Igini, it would be recalled, had filed the suit against the APC chieftain over the allegation Imuse made at a press conference in Auchi, Estako West Local Government Area of Edo State, in the build-up to the August 21, 2020, governorship election in the state.

At the said press conference, Imuse alleged that Igini was spotted in the residence of the then Governor Godwin Obaseki, carrying the popular Ghana-Must-Go bag allegedly containing money given as a bribe to Igini to manipulate the outcome of the election in favour of Obaseki.

Obaseki, who had to resign from the APC as a sitting governor after he was disqualified by the party from seeking a second term, moved over to the Peoples Democratic Party (PDP), where he became the new party’s standard bearer for the election against Pastor Osagie Ize-Iyamu, the APC governorship candidate.

Embarrassed by the contents of the press conference, Igini demanded instant retraction and apology from Imuse and when that failed, the former Akwa Ibom State REC head to court, where he asked for damages in the sum of N5 billion alongside full retraction and apologies published in some daily newspapers. The African Newspapers of Nigeria (ANNN) Plc, Publishers of the Tribune Titles and The Sun Newspaper, were joined second and third defendants respectively.

For the first three years of hearing of the matter before Justice Vestee Eboreime of the Edo High Court sitting in Benin City, Imuse, the first defendant, did not file his defence until the claimant, Igini, closed his case, and was on the verge of asking for foreclosure against the first defendant.

Months later, after the second and third defendants had opened and closed their defence, Imuse sought the approval of the Edo CJ, Justice Okungbowa, to have the matter start de novo on the ground that the trial judge, Justice Eboreime, had been transferred to the Okada Division of the Edo State High Court.

Curiously, Justice Okungbowa granted Imuse’s request without recourse to any of the remaining three parties. This was just as the Edo CJ overruled the written objections of the remaining three parties, who, after getting wind of the reassignment of the matter to a new judge to start de novo, kicked against the move.

Piqued by the development, Igini petitioned the NJC on November 4, 2024, four clear years after the matter was first mentioned, complaining about the injustice and miscarriage of justice the decision of the Edo CJ constituted by asking a four-year trial to start de novo just because the party that caused all the mishaps the matter suffered, asked for a fresh trial.

The NJC, at its 109th Meeting held on June 26, 2025, upheld the arguments of Igini in his petition and advised Justice Okungbowa, the Edo CJ, to use his “discretion power judiciously and judicially” in future matters, affirming that granting the request for a de novo trial amounted to abuse of judicial discretion by the Edo CJ.

On July 18, 2025, the NJC, in a direct response to Igini’s petition, conveyed the decisions of the Council to the complainant and ordered the trial judge, Justice Eboreime, to continue and determine the case.”

The NJC letter with ref No. NJC/S.12/ED.HC/14/1/353/, with the headline: DENIAL OF JUSTICE AND FRUSTRATION OF MY CASE AFTER A FOUR-YEAR TRIAL BY THE HONOURABLE CHIEF JUDGE OF EDO STATE IN SUIT NO: B/555/2020 – HON. MIKE IGINI V. COL. DAVID IMUSE RTD & ORS (FORMERLY PENDING BEFORE HON. JUSTICE V. O. EBOREIME), and signed by Ahmed Gambo Saleh, NJC Secretary, reads in parts:

“Your petition dated 05 November 2024, on the above subject matter and the response to same by Hon. Justice Daniel Iyabosa Okungbowa, Chief Judge, Edo State, were considered by the National Judicial Council at its 109th meeting, held on 26 June 2025.

“Council finds that the 1″ Defendant wrote a petition against Hon. Justice Eboreime to the Chief Judge of Edo State, alleging bias and seeking transfer of this advanced, partly heard matter to another Judge.

“Incidentally, the petition was not served on the Plaintiff, 2 and 3′ Defendants before the Chief Judge transferred the case to another Judge to start de novo.

“Council also finds on record that when the Plaintiff, 2nd and 3rd Defendants got wind of the transfer, they objected on the grounds that they had closed their cases, were not consulted and starting de novo would cause them financial and physical hardship.

“Furthermore, Council finds that the Chief Judge exercised his discretion in favour of the 1st Defendant alone and without consideration of the interest of the Plaintiff, the 2 and 3 Defendants.

“Council has therefore resolved to advise the Chief Judge to transfer the matter to Hon. Justice Eboreime to continue and determine the case.” The NJC ordered.

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