The National Judicial Council (NJC) says three judges will
not be promoted for issuing conflicting ex parte orders.
Soji Oye, NJC director of information, in a statement issued
on Tuesday, said the council arrived at the resolution during a two-day meeting
held on December 14 and 15.
A few months ago, different judges issued conflicting orders
on the leadership crisis of the Peoples Democratic Party (PDP) and on candidacy
controversies ahead of the Anambra governorship election.
Ibrahim Muhammad, chief justice of Nigeria (CJN), after quizzing seven chief judges on September 6, directed the NJC to set up a panel to probe three of them.
In the statement, Oye said: “Even though there was no
written petition, allegations of corruption or impropriety against the subject
judges, 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 granted by these courts
of coordinate jurisdiction over matters bearing same parties and subject
matter.”
In the meeting which was chaired by Mary Peter-Odili, deputy
chairman of the council, it was agreed that Okogbule Gbasam, judge 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 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.
“Council also resolved that hon. 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 in suit no: KB/HC/M.71/2021 between
Yahaya Usman & 2 Ors and Prince Uche Secondus & anor.
“Hon. justice Edem
Ita Kooffreh of the high court of Cross River state will not be promoted to
higher bench for five years for allowing himself to be used as a tool for
“forum shopping” and abuse of court process in suit No: HC/240/2021 between
Enang Kanum Wani and Uche Secondus as it was evident that, in granting the ex
parte order, he was seised of earlier orders of the high courts of Rivers and
Kebbi states, being courts of coordinate jurisdiction with his.
“The council also placed him on its Watch-List for a period
of two years.”
All three judges also received warning letters urging them
to be circumspect in granting ex parte orders in the future.
Oye said the council also approved the appointment of 63
judges for 16 states, nine of which are heads of court.
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