NJC bars three judges from promotion for issuing conflicting orders in Secondus’ matters

The National Judicial Council (NJC) has barred three judges of courts of concurrent jurisdiction from promotion to higher cadres for a period of two to five years whenever they are due for such promotions.

The three High Court judges for issuing conflicting ex-parte orders in the cases involving the former National Chairman of the Peoples Democratic Party (PDP), Uche Secondus.

The affected judges are Justice Okogbule Gbasam of the High Court of Rivers State; Justice Nusirat I. Umar of the High Court of Kebbi State, and Justice Edem Ita Kooffreh of the High Court of Cross River State.

The action was taken against the affected judges because they granted conflicting ex parte orders in cases involving the same parties and matters.

Two of the judges — Okogbule Gbasam and  Nusirat  Umar — will not move to the “higher Bench” in the next two years, it said.

The third, Edem  Kooffreh of the High Court of Cross Rivers State, will remain on the same spot for five years.

The trio received warning letters which also placed them on a watchlist by the NJC

They were found culpable of issuing conflicting orders in cases involving the former National Chairman of the Peoples Democratic Party (PDP), Prince Uche Secondus.

Chief Justice of Nigeria (CJN) Ibrahim Muhammad had in August summoned them and their colleagues in Anambra, Jigawa and Imo states over conflicting orders that emanated from their courts.

A statement by the NJC  Director of Information, Soji Oye, said the decisions were reached at a meeting presided over by the NJC Deputy Chairman, Justice Mary Peter-Odili.

The statement was, however, silent on the fate of the other three High Court judges in Anambra, Jigawa and Imo states.

Oye said although no written petition was presented against the three judges, the NJC  relied on its disciplinary power under the 1999 Constitution to investigate the circumstances that led to the spate of ex parte orders granted by some courts of coordinate jurisdiction on matters involving the same parties and subject.

He added that the NJC also approved the appointment of 63 judges for 16 states, including nine heads of court, during the meeting held on Tuesday and Wednesday.

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The appointments, according to him, followed the notification of the retirements and deaths of some judges.

Oye’s statement partly reads: “The NJC rose from its two days meeting held on 14th and 15th December 2021, with a resolution to bar the three judges of courts of concurrent jurisdiction who granted conflicting ex parte 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, 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.

 “The meeting which was chaired by the Deputy Chairman of the council, Hon. Justice Mary Peter-Odili agreed with the recommendations of the Investigation Committee set up in September 2021 that 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 ex parte order in suit No: PHC/2183/CS/2021 between Ibealwuchi Earnest Alex & 4 others and Prince Uche Secondus & another, as there was no real urgency, in the circumstances of the matter, that would have required an ex parte order.

“His Lordship is also issued with a warning letter to be circumspect in granting such ex parte orders in the future.

“Council also resolved that 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 others and Prince Uche Secondus & another.

“He is also issued with a warning letter to be circumspect in granting such ex-parte orders in the future.

“Hon. Justice Edem Ita Kooffreh of the High Court of Cross River State will not be promoted to a 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 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.

“He is also to receive a warning letter to be circumspect in granting such ex parte orders in the future.

“The council also placed him on its watch-list for a period of two years.”

Although the statement did not list the names of the 63 newly appointed judges and the heads of court, it named  Justice Mudashiru Oniyangi of the Court of Appeal, Hon. Justice Bello Duwale of the High Court of Sokoto State, Hon. Justices S. A. Omonua and O. S. Uwuigbe of the Edo State High Court, and Justices M. A. Pindiga  as well as  Beatrice L. Iliya of the High Court of Gombe State among  those on the retirement list

Others are Muhammad  Abdulkadir, Grand Kadi, Sharia Court of Appeal, Kwara State and Justice S. M. C. Ururuka-Ogeshi, president, Customary Court of Appeal, Abia State.

According to the statement, the judges, who passed on are A. K. Fowe of the High Court of Ekiti State; Chinonyerem Onii of the  High Court, Imo State and Shehu Ahmad, grand kadi, Kaduna State.

It added that the NJC approved the promotion of 84 members of staff of the judiciary ranging from grade levels seven to 17.

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