NJC places industrial court judge under three-year promotion ban

The National Judicial Council (NJC) has barred a National Industrial Court judge, Isaac Essien, from elevation to a higher court for three years over misconduct in handling a case involving the Nasarawa State Government.

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The decision was part of several taken at the council’s 109th meeting held on Wednesday in Abuja. The meeting was presided over by the Chief Justice of Nigeria (CJN) and chairperson of the council, Kudirat Kekere-Ekun.

A statement shared with PREMIUM TIMES on Thursday by the NJC’s Deputy Director of Information, Kemi Babalola-Ogedengbe, said Mr Essien acted improperly by ordering the confiscation of over N1 billion belonging to the Nasarawa State Government and its local governments. This, it noted, was done despite the judge being aware of a pending appeal and an application for a stay of execution in the matter.

The statement said Mr Essien “did not act in good faith.”

The statement explained that the council further faulted the judge for refusing to recuse himself after the Nasarawa State Government raised concerns about possible bias.

“Justice Essien was a former staff member of the State University, which owed him gratuity, and he had previously demanded payment using the official letterhead of the Court—an act that breaches the Code of Conduct for Judicial Officers,” the NJC said.

Mr Essien was also criticised for personally visiting the Court of Appeal registry to verify the status of the appeal—a step deemed inappropriate for a sitting judge.

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“His Lordship was found to have violated several provisions of the Revised Code of Conduct for Judicial Officers and has been reprimanded and barred from promotion for a period of three years,” the NJC said.

Four other judges cautioned

The statement also stated that the NJC issued warnings to five judges of other courts following the consideration of 30 petitions submitted to its Preliminary Complaints Assessment Committees.

Out of the 30 petitions, 22 were dismissed for lacking merit, four judges were cautioned, and four petitions were referred for further investigation.

Among those cautioned is Rahman Oshodi, who was warned for misuse of judicial discretion in suit number: ID/232/53C/23.

Daniel Okungbowa, Chief Judge of Edo State, was also cautioned over his handling of suit number: B1/555/2020 and advised to exercise discretion more judiciously going forward.

Also, G.B. Okolosi of the Delta State High Court received a final warning for repeatedly breaching Section 294(1) of the 1999 Constitution, which mandates delivery of judgment within 90 days of final address.

Similarly, Sa’adatu Mark of the Federal High Court was cautioned for delivering judgement beyond the constitutional time limit.

READ ALSO: NJC sends nine Imo judges on compulsory retirement over age falsification

Not the first time

At its 105th plenary meeting held between 15 and 16 May 2024, under the chairmanship of the then CJN, Olukayode Ariwoola, the Council gave warning letters to three judges: Inyang Ekwo of the Federal High Court, G. B. Brikins-Okolosi of the Delta State High Court, and Amina Shehu of the Yobe State High Court.

The NJC found the three judges guilty of various forms of judicial misconduct and barred two of them from elevation to higher courts for periods ranging from two to three years.

Mr Ekwo was sanctioned for abusing his discretionary powers by wrongly granting an ex parte order in a suit marked: FHC/ABJ/C/626/2023 — Juliet Ebere Nwadi Gbaka & 2 Ors v. Seplat Energy Plc & 12 Ors.

He was issued a warning and barred from promotion for two years.

Mr Brikins-Okolosi was similarly warned and barred from elevation for three years over failure to deliver judgement within the stipulated period in a suit marked: A/94/2010 — Joseph Anene Okafor v. Skye Bank, even after parties had filed and adopted their final written addresses.

While Ms Shehu was cautioned for improperly issuing a writ of possession conferring title on the defendant in a suit number: YBS/HC/NNR/1cv/2020, despite the absence of any subsisting court judgement to justify such an order.