Secondus: NJC hammers 3 Judges for granting conflicting ex parte

The National Judicial Council (NJC) Thursday hammered three Judges of Courts of concurrent jurisdiction who issued conflicting ex parte Orders from promotion to higher Bench.

The erring judges were barred for a period ranging from two to five years by the NJC which was chaired by the CJN.

A statement issued by the council Director, information, Soji Oye, NJC reads: “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 higher Bench for a period ranging from two to five years whenever they are due.”

The statement reads,”Even though there was no written petition, allegations of corruption or impropriety against the Judges, Council nevertheless, initiated 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.”

“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,”read the statement.

“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.”

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.