To uphold judicial integrity, the National Judicial Council (NJC) on Wednesday suspended three high-ranking judges for delivering controversial and ethically questionable rulings. The Council described their conduct as disgraceful and in violation of the 2016 Revised Code of Conduct for Judicial Officers.
The judges affected are:
- Justice Jane E. Inyang of the Court of Appeal, Uyo Division
- Justice Inyang Ekwo of the Federal High Court, Abuja
- Justice Aminu Baffa Aliyu of the Federal High Court, Zamfara Division
Each has been suspended without pay for one year, with additional penalties placed on two of the justices.
Justice Jane Inyang: Misuse of Ex Parte Orders
Justice Jane Inyang was sanctioned for authorising the sale of commercial properties via an ex parte order—a type of interim order granted without hearing the opposing party.
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The case involved Udeme Esset, a former director of Jopen Oil Filling Station in Akwa Ibom State, who had taken loans from Keystone Bank between 2002 and 2004 and failed to repay.
Rather than preserving the status quo as is standard with ex parte rulings, Justice Inyang authorised the dissipation of assets—including a petrol station—before the other parties had an opportunity to be heard in court.
The NJC ruled that this act breached Rule 3(5) of the judicial code, which discourages premature rulings that may prejudice final judgment. According to NJC spokesperson Kemi Ogedengbe Babalola, Justice Inyang “abused her office by issuing inappropriate ex parte orders at the interlocutory stage of the case.”
The misconduct took place while she presided over Suit No. FHC/UY/CS/46/2023 at the Federal High Court, Uyo, before her elevation to the appellate bench.
Justice Inyang Ekwo: Ruling Without Hearing Parties
Justice Inyang Ekwo’s case is equally troubling. The NJC found that he delivered a ruling in Charge No. FHC/ABJ/CR/184/2021 without hearing the parties involved. Even worse, he ignored an application to set aside earlier court proceedings that had been conducted in their absence.
Despite the lack of engagement with both sides, Justice Ekwo went ahead to dismiss criminal charges against defendants, in what the NJC described as a clear violation of Rules 3.1 and 3.3 of the judicial code, which emphasise fairness and transparency.
The Council handed down the most severe sanction of the day to Justice Ekwo:
- One-year suspension without pay
- Placement on NJC watch list for five years
- A five-year bar from career progression or elevation
This decision signals that procedural shortcuts—particularly in criminal matters—will no longer be tolerated within Nigeria’s judiciary.
Justice Aminu Baffa Aliyu: Blocking Law Enforcement
Justice Aminu Baffa Aliyu was penalised for obstructing the statutory duties of law enforcement agencies, including the Economic and Financial Crimes Commission (EFCC).
In Suit No. FHC/GS/CS/30/2021, between the Government of Zamfara State and EFCC, the judge issued an order restraining security agencies from carrying out their lawful duties—an order that blatantly disregarded the doctrine of stare decisis (respect for precedent).
The NJC found Justice Baffa guilty of violating Rules 3(1) and 5 of the Code of Conduct and responded with the following sanctions:
- One-year suspension without pay
- Placement on a three-year watch list
- Disqualification from elevation or promotion for three years
The Council noted that Justice Baffa’s decision compromised the constitutional responsibilities of security agencies and posed a threat to justice and accountability.
Other Judges Cleared After Review
While three judges faced sanctions, others were cleared following a thorough investigation. The NJC dismissed petitions lacking substance or evidence. Notable cases include:
- Justice A. O. Awogboro of the Federal High Court in Lagos – cleared after a complaint by Kasali Azeez Olagoke was found unsubstantial.
- Justice C. N. Mbonu Nwenyi of the Anambra State High Court – cleared after a petition by Professor Paul C. Obianaso failed to prove misconduct.
- Justice R. B. Haastrup of the National Industrial Court – cleared after a petitioner withdrew the case.
Restoring Judicial Credibility
These disciplinary measures come at a time when Nigerians are increasingly disillusioned with the judiciary. Many believe that certain court rulings—especially on political and financial matters—are influenced by corruption or external pressure.
The NJC’s decision to punish these three judges has been welcomed by legal reform advocates, who see it as a step toward restoring the credibility of a judiciary widely seen as compromised.
Last December, the Council made headlines after eight judges were either suspended or compulsorily retired for serious ethical violations.
The Bigger Question: What About Election Cases?
While the NJC’s latest action is a bold and commendable step, many Nigerians will be even more relieved if the Council begins to scrutinise rulings related to election petitions.
The widespread perception is that once an election dispute enters the court system, justice becomes uncertain. Countless controversial judgments in electoral cases have led to public outcry and weakened trust in the democratic process.
For genuine reform to take root, the NJC must expand its oversight to election-related rulings, where integrity is just as crucial—if not more so. Until then, the phrase “go to court” will continue to be met with scepticism by Nigerians who feel their votes are often overturned not at the ballot box, but on the bench.
