The big stick the National Judicial Council (NJC) recently wielded against three errant judges is long overdue. However, it is better late than never. The judges are Justice Inyang Ekwo of the Federal High Court, Justice G.B. Brikins-Okolosi of Delta State High Court and Justice Amina Shehu of the Yobe State High Court.
Justice Ekwo reportedly abused his discretionary power as a judge by wrongly granting an ex-parte order in a suit. He is barred from being elevated to a higher bench for two years. Justice Brikins-Okolosi is said to have failed to deliver judgement within stipulated period after parties in a particular suit had filed and adopted their final written addresses. He too will not be elevated to a higher bench for three years. The NJC cautioned Justice Shehu for issuing Writ of Possession conferring title on the Defendant in a suit when there was no subsisting judgement of any court to enable the judge to issue the Writ. The NJC, headed by the Chief Justice of Nigeria, Justice Olukayode Ariwoola, also considered two reports of its Preliminary Complaints Assessment Committees that filtered 35 petitions written against judges of the federal and state high courts and empanelled eight committees to further investigate the petitions that were found to be meritorious by the committees.
In recent times, we have seen some politicians and judicial officers doing things that undermine the third arm of government. The worst of it is forum shopping. For instance, in the 2021 governorship primary election of the All Progressives Grand Alliance (APGA) in Anambra State, different high courts in Anambra, Imo and Jigawa states issued conflicting ex-parte orders. These same conflicting judgements also occurred in Cross River, Kebbi and Rivers states in the leadership tussle that enveloped the Peoples Democratic Party (PDP) in 2021.
Rightly, the NJC sanctioned the three judges that granted such conflicting ex-parte orders in matters with the same parties and subject matters. The judges were 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 Council barred the judges from promotion to the higher bench for a period ranging from two to five years. Kooffreh was further placed on watch list for a period of two years. They were warned to be circumspect in granting such ex-parte orders in the future. It is commendable that the NJC initiated investigations against the judges even when there was no written petition or allegations of corruption against them as was the case in the past.
Outside forum shopping, the NJC had sanctioned some judges in the past for some other forms of misconduct. In April 2016, the Council recommended compulsory retirement for Justice O. Gbaja-Biamila of Lagos State High Court and Justice Idris M. J. Evuti of the Niger State High Court. Evuti was alleged to have falsified his age, using three different dates of birth over the years. The NJC acted based on petitions written against these judges and in exercise of its powers under Paragraph 21, Sub-paragraph (d) of the Third Schedule of the 1999 Constitution (as amended).
It is unfortunate that some of our judges undermine our march to a sustainable democracy by giving judgements that call to question the sanctity of the judiciary. Many of the judges shamelessly become willing tools in the hands of politicians. In 2011 and 2016, courts of coordinate jurisdiction bombarded the Independent National Electoral Commission (INEC) with conflicting ex-parte orders.
All these bring our judiciary to disrepute and make it an object of ridicule before members of the society. This is why security agents, sometimes, harass and embarrass judges with impunity. In October 2016, operatives of the Department of State Services (DSS) raided the houses of seven judges in the night in the name of investigating allegations of fraud perpetrated by the judges.
We congratulate the judges who were recently elevated to the higher bench and urge them to discharge their duties with equity and decorum. They should be role models to others who are coming behind them and dispense justice without fear or favour.
We commend the NJC for the disciplinary action taken against some errant judges. But we note that these judges are not the only ones. There are many more bad eggs that need to be fished out and sanctioned to avoid contaminating others. The probe of 35 other judges is also in order. This probe should be thorough and concluded in real time. If it means dismissing some of these judges to serve as deterrent, so be it. It is good that our judiciary is doing some inward cleansing because any country that toys with this arm of government is gone. At all times, judges must be above board.