The National Judicial Council (NJC) has placed a promotion ban on Justice Okogbule Gbasam of the High Court of Rivers State, Justice Nusirat I. Umar of the High Court of Kebbi State and Justice Edem Kooffreh of the High Court of Cross River State for issuing conflicting court orders.
The three judges of courts of coordinate jurisdiction who granted conflicting ex parte orders in matters with the same parties and subject matters, particularly as they concerned the recent leadership tussle in the People’s Democratic Party (PDP).
They were subsequently barred from higher promotion to for periods ranging from two to five years whenever they are due.
The decision which formed part of resolutions of the Council’s meeting of December 14 and 15, 2021, is expected to serve as deterrent to other judges.
A release by the council’s spokesman, Mr. Soji Oye, noted that although there was no written petition, allegations of corruption or impropriety against the affected Judges, the NJC nevertheless, initiated 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 the courts of coordinate jurisdiction over matters bearing same parties and subject matter.
“The meeting which was chaired by the deputy chairman of council, Justice Mary 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 ors and Prince Uche Secondus & anor, 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 Ors And Prince Uche Secondus & Anor.
“Justice Edem 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 ex parte order, he was seized of earlier orders of the High Courts of Rivers and Kebbi States, being courts of coordinate jurisdiction with his.
Umar and Koofreh are to be issued with warning letters to be circumspect in granting such ex parte orders in the future.
The council also approved the appointment of 63 Judges for 16 states, nine of which are heads of court.
Besides, it approved the promotion of 84 members of staff from salary grade levels 7 to 17 as submitted by its appointment, promotion and disciplinary committee.
The NJC also received notification of retirement from Justice Mudashiru Oniyangi of the Court of Appeal, Justice Bello Duwale of the High Court of Sokoto State, Justices S. A. Omonua and O. S. Uwuigbe of the Edo State High Court, Justices M. A. Pindiga and Beatrice L. Iliya of the High Court of Gombe State, Kadi Muhammad O. Abdulkadir, Grand Kadi, Sharia Court of Appeal, Kwara State; and Justice S. M. C. Ururuka-Ogeshi, President, Customary Court of Appeal, Abia State.
Besides, it received notification of the death of Justice A. K. Fowe of the High Court of Ekiti State; Justice Chinonyerem Onii, High Court, Imo State; and Shehu Ibrahim Ahmad, Grand Kadi, Kaduna State.
