….places three serving judicial officers on 1-year suspension without pay
The National Judicial Council (NJC) has directed the Imo State Governor, Senator Hope Uzodinma to reverse the appointment of Justice Theophilus Nnamdi Nzeukwu as the acting Chief Judge of the state.
In a statement by the Deputy Director, Information of the NJC, Mrs Kemi Ogedengbe Babalola, Esq, the Counsel, at the end of the its 108th meeting held in Abuja on Wednesday, also directed governor Uzodimma to appoint the most senior judicial officer in the State High Court’s hierarchy as the acting Chief Judge of the State in conformity with Section 271 (4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
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According to the NJC, the constitutional provision on the appointment of an acting Chief Judge of a state does not give room for discretion.
It said, Section 271(4) of the Constitution provides that, “If the office of the Chief Judge of a State is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding the office has resumed those functions, the Governor shall appoint the most senior Judge of the High Court to perform those functions.”
The Council also resolved that, Justice Theophilus Nnamdi Nzeukwu should be issued a query to show cause within seven days why disciplinary action should not be taken against him for presenting himself to be sworn in as the acting Chief Judge of Imo State.
The statement released late Wednesday evening said, Justice V. U. Okorie, the President of the Customary Court of Appeal, Imo State, who acted as Interim Chairman of Imo State Judicial Service Commission and
recommended the appointment of Justice Nzeukwu is required to show cause within seven days why disciplinary action should not be taken against him for his complicity in the recommendation.
Similarly, the NJC at the end of the meeting, suspended three serving Judicial Officers without pay for one year for various acts of judicial misconduct and also empanelled nine Committees to investigate pending complaints against 27 Judicial Officers for alleged acts of judicial misconduct.
The statement reads, “Specifically, in its resolution, the Council suspends Justice Jane E. Inyang, Court of Appeal, Uyo Division, for one year without pay, as the Investigation Committee found His Lordship to have breached Rule 3 (5) of the Revised Code of Conduct for Judicial Officers.
“Justice Jane E. Inyang was found to have abused his office by issuing inappropriate Ex parte Orders for the sale of Hon. Udeme Esset’s petrol station and other businesses at interlocutory stage of the case.
“The act of judicial misconduct occurred while His Lordship presided over Suit No. FHC/UY/CS/46/2023, at the Federal High Court, Uyo Judicial Division, before his elevation to Court of Appeal.
“Furthermore, Hon. Justice Inyang Ekwo of the Federal High Court, Abuja Division, has been placed on suspension for one year without pay. His Lordship was also placed on the watch-list for five years and barred from elevation for five years.
“The complaints against Justice Ekwo arose from Charge No. FHC/ABJ/CR/184/2021, wherein His Lordship delivered a ruling in a pending application without hearing the parties. His Lordship ignored an application to set aside the proceedings of the Court conducted in the absence of the parties. Subsequently, His Lordship proceeded to deliver a ruling dismissing the charge against the defendants.
“Consequently, His Lordship was found to have violated Rule 3.1 and 3.3 of the 2016 Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.”
The Council also suspended Justice Aminu Baffa Aliyu of the Federal High Court, Zamfara Division for a period of one year without pay for judicial misconduct in breach of Rule 3 (1) and 5 of the 2016 Code of Conduct for Judicial Officers and further placed him on the watch-list for three years within which period he is barred from elevation.
Justice Baffa was found liable for act of judicial misconduct in Suit No. FHC/GS/CS/30/2021, between the government of Zamfara State and the EFCC, wherein he granted an order restraining security agencies from carrying out their statutory duties, and disregarded the doctrine of stare decisis in adjudication of the case.
The Council also issued a letter of caution to Justice A. O. Awogboro of Federal High Court, Lagos Division in a petition filed by one Kasali Azeez Olagoke and S. Hamza in Suit No. FHC/CS/2021 between Chief Adesanya Musediku against Assistant General of Police, Onikan, Zone 2.
While the petition against Justice Othman A. Musa of the High Court of the Federal Capital Territory was put in abeyance pending the outcome of the decision of the Court of Appeal arising from Suit No. FCT/HS/BW/2274/15, the one against Justice C. N. Mbonu Nwenyi of the High Court of Anambra State by one Prof. Paul C. Obianaso was discountenanced after investigation revealed that there was no misconduct on the part of His Lordship.
Another petition against Hon. Justice I. E. Ekwo in Suit No FHC/ABJ/CS/321/2015 was put in abeyance pending the outcome of appethe al before the Court of Appeal, while the Council discountenanced a petition by Mrs Adaku Amadi against Justice R. B. Haastrup of the National Industrial Court, as the petitioner withdrew her complaints.
Council equally considered the report of its Preliminary Complaints Assessment Committee, which contained a total of 43 petitions and nine committees were empanelled for further investigation of eleven petitions and 29 petitions were dismissed for lacking in merit.
Three petitions against Justice Abubakar Babashani of the High Court of the Federal Capital Territory, Hon. Justice Isaac Essien of the National Industrial Court and Justice A. O. Musa of the High Court of the Federal Capital Territory by Henry Chinweike Okoro, Ikemefuna Stephen Nwoye, Esq. Lassborn Chichebem Orjiugo, respectively, were put in abeyance pending the decisions of the Court of Appeal.
The Council also considered a petition by one Mahmud Aliyu against the appointment of three Judges to the High Court of Zamfara State. The petitioner complained that the exercise conducted in 2022 by the Zamfara State Judicial Service Commission which led to the emergence of shortlisted candidates was not transparent and was characterised by nepotism, high-handedness, and non-compliance with Rules 4, 5 and 6 of the NJC guidelines for the appointment of Judicial Officers 2014.
It said, the nominees were unilaterally picked by the Chairman of the Zamfara State Judicial Service Commission (JSC) in disregard to the NJC guidelines on merit-based assessment.
The Council deliberated on its committee’s findings on the petition and resolved that the petitioner was an interested party who had indicated interest but was not selected as a candidate, noting, however that the petitioner’s allegations were unsubstantiated and substantially based on falsehood.
It, therefore, resolved that the petitioner who was a candidate for judicial appointment and intentionally peddled falsehood against another aspiring judicial officer will be barred from participation in any future exercise.
In a petition to probe the recruitment exercise for the appointment of six Federal High Court Judges in 2021 by one Abdullahi Liman, the Council noted that the petition violated Section 11 (1) of the Judicial Discipline Regulations which stipulated that a complaint must be filed within six months of the occurrence of the event or matter complained of, whereas the petitioner filed his complaints on the 22nd day of January, 2025.
It also resolved that a petition on the unconstitutional composition of Oyo State Judicial Service Commission written by Monday Adjeh has been overtaken by events, accepted the voluntary retirement of Justice Babatunde Ahmed Ademola Bakre and approved the notification of change of name of Justice I. A. Osayande to Justice I. A. Dika of the Edo State High Court.
Council at the meeting, finally resolved that henceforth, the names of candidates being considered for appointment as Judicial Officers to Superior Courts of Records will be published for information and comments by the public.
The primary objective of this initiative, it said, is to solicit comments from the public where there is objection to the integrity, reputation and/or competence of the candidates by opening the process to public participation and scrutiny.
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