The National Judicial Council (NJC) has denied three Judges of their promotion to the next rank as punishment over issuing a conflicting judgment that involve the Peoples Democratic Party leadership tussle that rocked the party this year. Accordingly, Justice Okogbule Gbasam, Justice Nusirat Umar, and Edem Kuffreh of high Court Rivers, Kebbi, and Cross Rivers states respectively were barred by the NJC from being promoted to either appeal court or Supreme Court. As Mr. Gbasam and Umar were barred for two years' promotion, Mr. Kufffreh's punishment is for five years. Recall that in the PDP tussle that ousted, Prince Uche Secondus as the PDP Chairman, three courts in three different states gave a conflicting order about the office of the PDP chairman. While the Rivers State High Court in Port Harcourt restrained Uche Secondus from parading himself as the PDP National Chairman on 24th August, however, in another twist, his colleague in Kebbi state gave the counter order by restoring Mr. Secondus back to his office on 27th August.
Subsequently, Mr. Secondus was restrained from resuming office as the PDP Chairman by a Calabar High Court.
The Development has to compel the Chief Justice of Nigeria, Tanko Mohammed, to interrogate the Judges of six states and the Federal Capital Territory (FCT), in September.
The CJN threatened the Judges that the nonsense should stop otherwise they would be made scapegoats, saying their work as Judges is a sacred one and should be taken with utmost caution.
Sanctions
Meanwhile, today in a statement by the NJC Director of Information, Soje Oye “The National Judicial Council rose from its two days meeting held on 14 and 15 December 2021, with a resolution to bar the three judges of courts of concurrent jurisdiction who granted conflicting exparte orders in matters with same parties and subject matter from promotion to the higher bench for a period ranging from two to five years whenever they are due.”
“Even though there was no written petition, allegations of corruption or impropriety against the subject judges,” the statement revealed.
The statement further explained, “Council nevertheless, initiated an investigation pursuant to its inherent disciplinary powers under the Constitution to unravel the circumstances that led to the spate of Exparte Orders granted by these Courts of coordinate jurisdiction over matters bearing same parties and subject matter,”
“The meeting which was chaired by the Deputy Chairman of Council, Hon. Justice Mary Peter-Odili, CFR agreed with the recommendations of the Investigation Committee set up in September 2021 that Hon. Justice Okogbule Gbasam 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 Exparte 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 Exparte Order.
“His Lordship is also issued with a warning letter to be circumspect in granting such Exparte Orders in the future.
Moreso, “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 Exparte Order in Suit No: KB/HC/M.71/2021 between YAHAYA USMAN & 2 ORS AND PRINCE UCHE SECONDUS & ANOR.
“He is also issued with a warning letter to be circumspect in granting such Exparte Orders in the future.
The punishment reads as follows, “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 Mr. ENANG KANUM WANI AND UCHE SECONDUS as it was evident that, in granting the Exparte Order, he was seised of earlier Orders of the High Courts of Rivers and the Kebbi States, being Courts of coordinate jurisdiction with his.
“He is also to receive a warning letter to be circumspect in granting such Exparte Orders in the future.
“The Council also placed him on its Watch-List for a period of two years.”
Meanwhile, the NJC also approved the appointment of 63 judges for 16 states. Nine of the appointees are heads of court.
