The Chief Justice of Nigeria (CJN), Olukayode Ariwoola, has vowed that judges involved in issuing conflicting court orders on the same issues will face sanctions.
“We have already activated the process to bring these erring judges under control in order to make them face the consequences of their despicable and odious conduct,” the CJN said on Wednesday during the swearing-in of 22 judges of the Court of Appeal in Abuja.
On Wednesday, the CJN similarly inaugurated 12 judges of the High Court of the Federal Capital Territory (FCT). Both swearing-in ceremonies were held at the Supreme Court Complex in Abuja.
In May, the Kano emirate crisis sparked the latest storm of conflicting court decisions, often seen in political cases and other matters involving influential Nigerians.
The CJN at the inauguration of 12 judges of the Superior Court of the Federal Capital Territory (FCT)
Judges of the Federal High Court and the Kano State High Court were quick to join the political fray following the reinstatement of the previously deposed Emir of Kano, Lamido Sanusi.
Kano State Governor Abba Yusuf reinstated Sanusi as sole emir of Kano, in accordance with a new law. Sanusi had been dethroned in March 2020 and replaced by Aminu Ado-Bayero under the administration of Abdullahi Ganduje.
In implementing the new law, the governor dissolved the other four emirate councils of Gaya, Karaye, Rano and Bichi created by the previous administration, merging them into a single emirate of Kano, as it had originally existed.
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The governor consequently dethroned the emirs of the four emirates and Lord Ado-Bayero, dissolved the emirates and restored Lord Sanusi as emir of Kano.
This development gave rise to a series of conflicting and contradictory court orders favouring different parties in the dispute over the throne of the Emir of Kano.
The storm of conflicting and counter-orders from courts of coordinated jurisdictions became so intense that the CJN had to call the chief judges of the courts to an emergency meeting.
The Nigerian Bar Association also criticised lawyers and judges who contributed to the crisis.
On Wednesday, Mr Ariwoola, who is also the Chairman of the National Judicial Council (NJC), the body responsible for the appointment and discipline of judges, lamented the shameful trend of issuance of contradictory court orders across the country.
“I have made it known in different forums that we have been treated to an unpleasant cocktail of misleading and contradictory judgments as well as frivolous interlocutory orders issued by courts of coordinate jurisdictions, which have literally attempted to mock our judicial system and flagrantly desecrate the revered Temple of Justice. Several such instances abound across the length and breadth of the country,” the CJN said.
The CJN, reiterating that judges who make mistakes will be punished, said: “This is, to a large extent, a disgrace to our jurisprudence, and we will never treat it lightly. Punitive measures must definitely be applied to such erring judges.”
The last time the NJC sanctioned judges for issuing conflicting orders was in December 2021.
The three judges concerned were involved in issuing contradictory orders in the Peoples Democratic Party (PDP) leadership crisis.
The NJC prevented Okogbule Gbasam of the Rivers State High Court, Nusirat Umar of the Kebbi State High Court and Edem Kooffreh of the Cross River State High Court from being promoted to both the Court of Appeal and the Supreme Court.
While Mr Gbasam and Ms Umar were banned from promotion to a higher position for two years, Mr Kooffreh's ban carries a five-year ban.
In January 2022, weeks after the NJC took the disciplinary action, then-NBA President Olumide Apata announced that a panel of inquiry had indicted a Senior Advocate of Nigeria (SAN) and six other lawyers for their roles in the series of conflicting ex parte court orders for which the three judges were sanctioned.
The NBA did not reveal the identity of the lawyers and there has been no update since then.
Burdensome workloads
The inauguration increased the number of judges on the Court of Appeal to 88, up from 66 previously.
For the FCT High Court, the swearing-in added 12 judges to the existing 57, ultimately bringing the number of judges of the court to 69.
“The number of judges sworn in today is unprecedented in the recent history of the Court of Appeal,” said Chief Justice Ariwoola, referring to the last swearing-in ceremonies held on June 28, 2021, and November 5, 2012.
He lamented the increase in the number of cases, which is overloading courts across the country.
He attributed this to a rise in both “unfathomable crimes” and political litigation, describing Nigeria as a country that is fast becoming “a frontline crime-infested country.”
“Today’s ceremony is an indicator of the perilous times we are living in, which are leading to an increase in litigation. Various unfathomable crimes are being committed, apart from the usual political matters, resulting in an alarming increase in litigation. No court in the country is spared from this deluge.
“We are always on the alert and the court dockets are increasing in response to the challenges of the day. This highlights the fact that Nigeria is fast emerging as a country plagued by frontline crimes which we all urgently need to curb,” CJN said.
With the gubernatorial elections in Edo and Ondo States approaching, the CJN anticipated a further surge in election-related petitions and stressed the importance of impartiality and adherence to legal principles.
“We must not hesitate, we must not follow the path of infamy. With the correct application of the law and the Constitution, we can do things that our conscience will be proud of.”
Duty to Nigerians
He reminded the new judges of their duty to the Nigerian people, urging them to serve with “impassiveness, discretion and transparency” to earn lasting trust and integrity.
“To whom much is given, much is expected,” he said, urging judges to act in accordance with public expectations and judicial ethics.
In his message to the new judges, Mr. Ariwoola said they must redouble their efforts to meet the expectations of litigants.
“The responsibility to buckle down and roll up our sleeves to meet the challenges lies squarely with their Lordships.”
READ ALSO: TRENDS: Why I cannot support the reinstatement of Sanusi and the dissolution of the Kano Emirates – Cleric
The CJN reminded the judges promoted from the Supreme Court to the Court of Appeals that “they have a divine mandate on earth that they must fulfill with manifest honesty and sincerity.”
“You must, come what may, conduct your affairs within the scope of the law and the oath administered to you,” the CJN warned the judges.
Warning to the judges of the FCT High Court
The CJN, in a separate inauguration ceremony, similarly cautioned the newly appointed judges of the FCT High Court, urging them to maintain integrity and shun corrupt practices.
He stressed that judicial appointments should not be avenues for personal gain or for living ostentatiously through illicit means.
“Your appointment as judges is a call to uphold impartiality, justice and equity,” Ariwoola reminded the judges, highlighting the role of the National Judicial Council (NJC) in ensuring accountability within the judiciary.
He warned against misconduct, saying: “The consequences of engaging in corrupt practices will be severe and long-lasting.”
He said the NJC remains vigilant in identifying and disciplining any judge involved in misconduct, ensuring accountability and maintaining the reputation of the judiciary.
“They can only run away, but they will not have the ability to hide from the long arm of our disciplinary apparatus. Their Lordships should never engage in any act that might make them regret having been judicial officers. I pray that this does not happen anyway, because the consequences will be more terrible and piercing than they could have ever imagined,” he warned.
New appointments
The new judges of the Court of Appeal were all promoted from the High Courts of various states and the FCT.
The new judges from various states of origin include Abdullahi Muhammad Liman (Nasarawa State), Abiodun Azeem Akinyemi (Ogun State), Olukayode Adeniyi (Oyo State), Zainab Bage Abubakar (Kebbi State), Isaq Mohammed Sani (Kaduna State), Lateef Babajide Lawal-Akapo (Lagos State) and Ngozika U. Okaisabor (Imo State).
Others include Donatus Nwaezuoke Okorowo (Enugu State), Ruqayat Oremei Ayoola (Kogi State), Polycarp Terna Kwahar (Benue State), Eberechi Suzzette Nyesom-Wike (Rivers State) and Fadawa Umaru (Borno State).
The rest are Oyewumi Oyejoju Oyebiola (Oyo State), Ntong Festus Ntong (Akwa Ibom State), Nehizena Idemudia Afolabi (Edo State) and Nnamdi Okwy Dimgba (Abia State). The list continues with Abdu Dogo (FCT, Abuja), Abdulazeez M. Anka (Zamfara State), Owibunkeonye Onwosi (Ebonyi State), Asma'u Akanbi-Yusuf (Kwara State), Victoria Toochukwu Nwoye (Anambra State) and Enenche Eleojo. (Kogi State).
The Court of Appeal, ranked behind the Supreme Court as the second highest court in Nigeria, has panels in 21 divisions spread across various states and the FCT.
The new judges of the FCT High Court include Buetnaan Mandy Bassi of Plateau State; Ademuyiwa Olakunle Oyeyipo of Kwara State; Bamodu Odunayo Olutomi of Lagos State; Iheabunike Anumaenwe Godwin of Imo State; Odo Celestine Obinna of Enugu State; and Hauwa Lawal Gummi of Zamfara State.
The rest are Sarah Benjamin Inesu Avoh from Bayelsa State; Maryam Iye Yusuf from Kogi State; Ariwoola Oluwakemi Victoria from Oyo State; Lesley Nkesi Belema Wike from Rivers State; Ibrahim Tanko Munirat from Bauchi State; and Abdulrahman Usman from Taraba State.