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NJC hammers corrupt judges *Sacks Imo CJ, axes Ekwo, appeal court judge
Justice Inyang Ekwo, of the Federal High Cout Abuja, was among the judges hit by the hammer of the National Judicial Council (NJC) for various infractions announced on Wednesday by the highest body for the appointment, reward and punishment of judges in Nigeria.
Theophilus Nzeukwu, hitherto Acting Chief Judge (CJ) of Imo State, was also hammered in the most far-reaching action by the body in recent years, as he was not only removed from the position, the highest judicial office in the state, but handed down a query for accepting the position in the first place.
The NJC which had 2014, recommended the compulsory retirement of Chukwuemeka Chikeka, former CJ of the state with effect from October 27, 2021, over age falsification, had frowned at the bypassing of seniority in the choice Nzeukwu as replacement.
The agency which had particularly faulted Hope Uzodimma, hours after inaugurating the disgraced ACJ, on April 3, via a statement on April 4 rejecting the appointment, had directed him to appoint the most senior judge in the high court’s hierarchy as the acting chief judge in conformity with section 271 (4) of the 1999 Constitution.
The development, conveyed via a statement signed by Kemi Ogedengbe Babalola, spokesman, conveying details of its 108th meeting held in Abuja between April 29 and 30, also saw the agency firing Nzeukwu a query to show cause within seven days why disciplinary action should not be taken against him for accepting the appointment.
The NJC also directed V.U. Okorie, the President of the Imo state customary court of appeal, to explain within seven days why disciplinary action should not be taken against him for recommending Nzeukwu’s appointment while serving as interim chairman of the Imo state Judicial Service Commission.
Apart from Ekwo, known for handling some high-profile cases, who was axed for one year without pay, placed on a watch list for five years, and barred from elevation for five years, the council also suspended three serving judicial officers, including Jane E. Inyang, a justice of the Court of Appeal, for one year, over abuse of his office by issuing inappropriate ex parte orders for the sale of Udeme Esset’s petrol station and other businesses at the interlocutory stage of the case.
The statement, read: “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 also been placed on suspension for one year without pay. His Lordship was also placed on a watch-list for five years and barred from elevation for five years,” the statement read in part.
“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 NJC 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.
“It also placed him on the watch-list for three years within which period he would be barred from elevation. Justice Baffa was found liable for an act of judicial misconduct in Suit No. FHC/GS/CS/30/2021, the Government of Zamfara State vs 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 issued a warning letter to Justice Hon. Justice Abimbola 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.
“It also considered the report of its Preliminary Complaints Assessment Committee, which contained a total number of 43 petitions. Nine committees were empanelled for further investigation of 11, while 29 petitions against judges were dismissed for lacking in merit.
“The council at the meeting finally resolved that henceforth, the names of candidates being considered for appointment as judicial officers to superior courts of records would be published for information and comments by the public.”
Peter Obi, candidate of the Nigeria Democratic Congress (NDC), has given assignment to Nigerians to put all those aspiring to take up political positions in the country through the grill to ascertain their level of integrity, saying it was required as a sine qua non for the job they seek.
Obi, who has been a subject of discussion in the polity since the allegation of corruption was levied against him by Kenneth Okonkwo, spokesman of his campaign in 2023, over the conduct of the party’s primaries to choose candidates for the 2027 general elections, said the grilling must start with his own person.
A guest in an interview on a podcast with Rufai Oseni, a popular television anchor, the former Governor of Anambra State, stated that it was actually for this reason that he had now sworn to see the litigation he instituted against Okonkwo through.
His take is that the Nollywood actor should use the courtrooms to give all the details of bad behaviour, following his threat to expose him fully, after alleging that he was collecting money from aspirants in the said election for electoral favours.
Hear him: “The issue of taking Kenneth Okonkwo to court wouldn’t have arisen if he had stopped at those allegations. But he claimed he still has more he would expose about me in the future. So, I am very happy to take him to court so that he can expose me publicly, alongside other Nigerians. If any of them has any criminal allegations against me, they should bring them to court.
“Not just Kenneth, everybody should now say those things they know that is bad about me or I did that is wrong because it’s good for the system, it’s good for the society,” Obi said.
“So, if you know that when we were in primary school, this man was cheating or didn’t go to the primary school, didn’t go to secondary school, didn’t do, if you know this man has done something criminal somewhere, this is time to bring it up.”
For the umpteenth time, Atiku Abubakar, former Vice President Atiku Abubakar has warned about the dangerous implication of using state institutions, particularly the judiciary to destroy Nigeria’s democracy, saying it is an ill-wind that blows nobody any good.
Atiku, presidential candidate of the African Democratic Congress (ADC), speaking on the heels of Tuesday’s verdict of the Court of Appeal, halting the de-registration order by the Federal High Court, insisted that judicial officers must not lend themselves to any act capable of undermining the nation’s democratic process.
The appellate court had ordered a stay of execution on the order made on Monday by Justice Peter Lifu of the Federal High Court Abuja, for the Independent National Electoral Commission (INEC) to deregister the ADC alongside four other political parties).
A totally scandalised Court of Appeal, sitting in Abuja, had taken umbrage, sparing no hard words in upbraiding the lower court judge, stating that his likes were unfit to sit on the bench.
In a unanimous ruling by a three-man panel, the court held that Lifu’s action was “the highest form of judicial impertinence”, stressing that the Supreme Court previously held that a judge who acted in such a manner.
Describing his conduct as the height of judicial rascality, the upper court, stated: “Courts are enjoined to protect their integrity. This Court has supervisory authority over the trial court.
“The decision of the lower court to proceed with the judgment despite the express order of this court is a brazen violation of the hierarchy of the court and the 1999 Constitution.
This court has the duty to invoke its powers in ensuring that its orders are obeyed. The application for a stay of execution is here yet granted. The enforcement of the judgment is stayed.”
Atiku, who hailed the position of the higher court, which restored his hope to be on the ballot as presidential candidate in the 2027 election, also noted the role of INEC as “significant.”
He said: “I welcome the Court of Appeal’s decision to stay the execution of the Federal High Court judgement seeking the deregistration of our great party, the ADC, and four other political parties. It is particularly significant that INEC itself initiated the application for the stay.
“The development reflects growing public concern over judicial contradictions and politically charged rulings within the judiciary. “Any attempt to undermine Nigeria’s hard-won democracy through judicial manipulation is a grave danger to the Republic. If our democracy suffers further injury, history will demand accountability from those entrusted with dispensing justice.
Outside ADC, Lifu’s order, also included: Action Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP), similarly slammed for allegedly failing to meet the constitutional requirements for continued registration and participation in elections.
“He is running in contempt of the court. Justice Lifu should be arrested because he is acting in contempt of the court which is a criminal act,” were the exact words with which the African Democratic Congress (ADC), demonstrated its angst over the court ruling on Monday, ordering its de-registration as a political party in Nigeria.
A furious Bolaji Abdullahi, spokesman of the party, told his host while appearing as a guest on Monday’s edition of Politics Today, a public affairs programme on Channels Television that the judge of the Abuja Federal High Court who gave the order was actually playing with fire because of the consequences.
Directly accusing him of playing the script of the All Progressives Congress (APC), to ensure that President Bola Tinubu emerged the sole candidate for the 2027 presidential election, the party spokesman, was emphatic that the plan would not work, as head or tail, ADC must be on the ballot in all the elections.
Hear him: “There is a Court of Appeal order saying don’t hear this case until October 27. So, on what basis? You can’t place something on nothing. The Court of Appeal said don’t act on this until I hear it on October 27. So, on what basis did he deliver the judgement
“So, for us in the African Democratic Congress, what we’re convinced and they know is what they have done has no leg to stand on legally. What they want to do is to create doubts in the minds of the people that this ADC has too many legal cases, can we actually run on this? And to distract us. But we’re not distracted.
“We’re very clear. It was in spite of all they have done since ADC came on board that we ran one of the best and one of the most comprehensive direct primaries in the history of democracy in Nigeria. So, we are strong enough to withstand this. And that’s why I’m saying that we are going to contest in 2027. We’re ADC. We don’t buckle before dictatorship.”
Stressing on the implication of the judgement, which also affected Accord Party (AP), Action Peoples Party (APP), Action Alliance (AA), and Zenith Labour Party (ZLP) for allegedly failing to meet constitutional and electoral performance requirements, following a suit by the National Forum of Former Legislators, he said it portended grave danger.
He added: “We are not surprised. We know that the Nigerian people believe that there is a problem with the judiciary, but what we did not expect is the level of judicial rascality that was demonstrated today.
“What we are saying is that we reject it in its totality, and we are saying that the people behind this are playing with fire. Hundreds, if not thousands, have obtained nomination forms and contested elections and emerged as candidates on the platform of the ADC.”
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