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Misconduct: NJC Suspends Justices Iyang, Ekwo, Aliyu For One Year

The Daily Crucible by The Daily Crucible
May 1, 2025
in News
0
Misconduct: NJC Suspends Justices Iyang, Ekwo, Aliyu For One Year

 

By Jane Okafor, Abuja

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The National Judicial Council (NJC) has suspended three Justices for one year without pay.

The affected judges are Justice Inyang Ekwo of the Federal High Court, Abuja Division, Justice Aminu Baffa Aliyu of the Federal High Court in Zamfara State and Justice Jane E. Inyang of the Court of Appeal, Uyo Division.

NJC also directed the governor of Imo State, Hope Uzodimma, to reverse the appointment of the acting Chief Judge of the State, Justice Theophilus Nnamdi Nzeukwu.

The decisions followed the conclusion of Council’s108th meeting held on April 29 and 30, 2025.

 

Rising from the meeting, the NJC also asked the acting Chief Judge Imo State to show cause within seven days why disciplinary action should not be taken against him.

NJC also asked the President, Customary Court of Appeal, Imo State, to show cause within seven days why disciplinary action should not be taken against him for presiding over the JSC meeting that recommended the appointment of the Acting Chief Judge of the State, contrary to the provision of the Constitution.

A statement issued by the Deputy Director of Information of the NJC, Kemi Babalola, on Wednesday, also said that the council set up nine committees to investigate 27 judicial officers for various allegations of misconduct.

Other decisions taken by the council included the dismissal of 29 petitions and the issuance of a letter of caution to a Federal High Court Judge.

It said that, ‘’appointment of Judicial Officers henceforth open to public scrutiny and also directed the Imo State Governor, Senator Hope 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).’’

The NJC meeting, which was chaired by the Chief Justice of Nigeria, Hon. Justice Kudirat Kekere-Ekun, resolved that the constitutional provision on the appointment of an acting Chief Judge of a State does not give room for discretion. Section 271(4) of the Constitution provides: “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 President of the Customary Court of Appeal, Imo State, Hon. Justice V. U. Okorie, ‘‘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.

‘‘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. Udemesset’s’s petrol station and other businesses at interlocutory stage of the case.’’

The act of judicial misconduct was said to have 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, Justice Inyang Ekwo of the Federal High Court, Abuja Division, was also placed on suspension for one year without pay and was also placed on the watch list for five years and barred from elevation for five years as well.

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.

He was said to have ignored an application to set aside the proceedings of the court conducted in the absence of the parties. Subsequently, he proceeded to deliver a ruling dismissing the case against the defendants.

‘‘Consequently, His Lordship was found to have violatRulesule 3.1 and 3.3 of the 2016 Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria,’’ the NJC said.

The council also suspended Justice Aminu Baffa Aliyu of the Federal High Court, Zamfara Divis, ion for a period of one year without pay for judicial misconduct in breach of Rulesule 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 is barred from elevation.

Justice Baffa was found liable for act of judicial misconduct in Suit No. FHC/GS/CS/30/2021, the Government of Zamfara State vs EFCC, wherein His

He was accused of granting an order restraining security agencies from carrying out their statutory dutes, 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.

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.

It also said that the petition 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 judge.

Another petition against Hon. Justice I. E. Ekwo in Suit No FHC/ABJ/CS/321/2015 was put in abeyance pending the outcome of the appeal before the Court of Appeal.

The NJC also said that it discountenanced a petition by Mrs Adaku Amadi against Hon. Justice R. B. Haastrup of the National Industrial Court, as the Petitioner withdrew her complaints.

The statement said, ‘‘Council equally 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 petitions, while 29 petitions were dismissed for lacking in merit. Three petitions against Hon. Justice Abubakar Babashani of the High Court of the Federal Capital Territory; Hon. Justice Isaac Essien of the National Industrial Court; and Hon. Justice A. O. Musa of the High Court of the Federal Capital Territory by Henry Chinweike Okoro; Ikemefuna Stephen Nwoye, Esq.; and Lassborn Chichebem Orjiugo, respectively, were put in abeyance pending the decisions of the Court of Appeal.

The NJC also considered a petition by 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 characterized by nepotism, high-handedness, and non-compliance with Rules 4, 5, and 6 of the NJC guidelines for the appointment of Judicial Officers 2014.

He also alleged that 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.

Council, however, 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.

The council noted 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 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 the Oyo State Judicial Service Commission written by Monday Adjeh has been overtaken by events.

The council also accepted the voluntary retirement of Justice Babatunde Ahmed Ademola Bakre and approved the notification change of name of Hon. Justice I. A. Osayande to Hon. 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 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,’’ it said.

– Leadership news

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