Conflicting Ex-parte Orders Land 3 Judges In Trouble

• To face NJC probe panel

For issuing conflicting ex-parte orders on the same subject matter, three High court judges are now at daggers drawn with the National Judicial Council (NJC).

The Council has therefore set up a high powered probe panel to investigate their activities and circumstances surrounding the issuance of the controversial orders.

Drawing strength from its statutory powers to discipline erring judicial officers, the NJC directed the three judges, who are of coordinate jurisdiction, to appear before its Special Probe Panel and explain their decisions to grant ex-parte orders over the same case with the same subject matter.

Accordingly, the trio are expected to show cause before the Panel why disciplinary action should not be taken against them for such act of impropriety.

NJC Director of Information, Mr Soji Oye said in a statement made available to journalists in Abuja on Friday that the Council constituted the probe panel at its 95th meeting held on September 15 and 16, 2021.

The statement said the action was taken in line with the principles of fair hearing at the meeting presided over by the Chief Justice of Nigeria (CJN) and Chairman of NJC, Justice Ibrahim Tanko Muhammad.

Though names of the three Judges and their areas of jurisdiction were not mentioned, the statement said; “Council resolved to set up a Medical Board in order to kascertain the health status of Hon. Justice Amina Yaroson of Kaduna State Customary Court of Appeal.

“Council also considered the reports of its Investigation Committee and decided to issue a warning letter to Hon. Justice Sobere Biambo of High Court of Rivers State for descending into the Arena of conflict in a matrimonial Suit No: OHC/IMC/2018.

“Council at its plenary considered the reports of the two Preliminary Complaints Assessment Committees (PCAC) on the petitions written against 18 Judicial Officers and on the recommendation of the Committee.

“In the end, NJC issued a letter of advice to Hon. Justice Elias O. Abua of Cross River State High Court to in future be wary of granting an order staying the execution of judgment which appeared executory in nature as the one he granted in Suit No. HC/MSC/67/2019.”

On other matters before the NJC, the statement said; “Council, however, dismissed the petitions written against Hon. Justices Inyang Eden Ekwo and Ayo-Emmanuel of the Federal High Court, Justices O. O. Ogunjobi, S. B. A. Candide-Johnson and S. A. Onigbanjo of High Court of Lagos State, Hon. Justices Chiwendu Nwogu, S. C. Amadi and A. U. Kingsley Chuku, for either lacking in merit, subjudice or statute barred.

“Other petitions dismissed for the same reasons were those written against Hon. Justice I. K. Banu, Chief Judge, of Adamawa, Hon. Justice A. L. Lagre, President, Customary Court of Appeal, Adamawa, Justice Felibus B. Andetur, Chief Judge, Taraba State and Hon. Justice Sunday Olorundahunsi of Ondo State, High Court,

“The rest are those against Hon. Justice Nse Emeka Daniel of Akwa-Ibom State High Court and Justice H. T. D. Gwadah of Kaduna State High Court.

“The NJC, however, decided not to consider the petition written against Hon. Justice Ishaq Usman Bello as he had already retired from service.”

According to the statement; “The plenary of the Council also considered the report of the Interview Committee and agreed to recommend 12 candidates as Heads of Court, 18 candidates as High Court Judges, 6 candidates as Kadis of Sharia Courts of Appeal and one candidate as Customary Court of Appeal Judge.

“The Notifications of retirement of 22 Judges of the Federal and State High Courts and Notifications of death of three Judges of States were also considered by the NJC plenary.”