Justice Walter Onnoghen |
The acting chief justice of Nigeria (CJN) and chairman of the National Judicial Council (NJC), Justice Walter Onnoghen, has asked two serving judges to vacate office with immediate effect.
The two judicial officers are Justice Ugbo Ononogbo of the Abia State High Court and Hon. Justice Nasir Gummi of Zamfara State High Court. Apart from recommending the dismissal of Justice Ononogbo to the governor of Abia State, the Council also recommended that the judge, the assistant chief registrar, Probate Division of Abia State High Court, Udeka N. C., and E. M. Ojiako, Esq, be handed over to the police for investigation
A statement signed by the NJC’s acting director for information, Mr. Soji Oye, stated that Justice Ononogbo was recommended for dismissal over allegations of corruption and judicial misconduct. According to the statement, the judge had in Suit No: HOH/25/2013, between Mrs Nnenna Enweliku and four others Vs Udensi Dike Udensi and two others, made a blanket order for the payment of unascertained amount as estate fee from the Access Bank account of the late Lord Chief Dike Udensi Ifegwu to the Probate Registrar of the High Court.
It revealed further that the judge also granted a second order to vacate the first order directing the bank to pay any money assessed by the Probate Registrar for the estate fee of the late Lord Chief Dike Udensi Ifegwu into the personal account of E. M. Ojiako, Esq, without ascertaining the assessment made by the Probate Registrar.
“Out of the N200 million withdrawn as a result of the second order, E. M. Ojiako, Esq, only paid the sum of N83 million to the Probate Registry.
“There were discrepancies between the representations of parties in the order made by the respondent and the representation of parties in the Record Book of the court to which Hon. Justice Ugbo Ononogbo admitted that he did not vet the order before signing same and that it was an oversight,” the statement noted.
On his part, Hon. Justice Umar Nasir Gunmi was recommended for compulsory retirement from office to Zamfara State Governor Abdul Aziz Yari sequel to the findings of Council following allegations he failed to deliver judgement in Suit No: ZMS/GS/13/2013, Chiroma Vs Forte Oil Plc, almost 23 months after the final address by all counsel in the suit, contrary to the constitutional provisions that judgements should be delivered within a period of 90 days.
According to the statement, the judgement in the suit was altered by changing the word “dismissal” to “struck out” to which his court registrar, Hayatu Wadata Bungudu, admitted was done by him, after which he informed the judge on phone, as he was out of the state at the time.
“That the Hon. Judge assumed jurisdiction in the matter by a ruling, only to dismiss the same action 22 months after, for lack of jurisdiction, after the cause of action had lapsed.
According to the Council, the allegations against Hon. Justice Ugbo Ononogbo and Hon. Justice Nasir Gunmi constitute misconduct contrary to Sections 294 (1) and (6) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, and Rules
3 (i), 11(ii) and 2 of the National Judicial Council Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.
“The Council will write to the Zamfara State Judicial Service Commission to take appropriate action against Hayatu Wadata Bungudu, Registrar of Hon. Justice Gunmi’s court, for altering his judgement.”
Some other judges received warnings from the Council.“Council at the meeting also resolved to issue a letter of strong warning to Hon. Justice D. O. Oluwayemi of Lagos State Judiciary for granting an ex-parte order in Suit No: LD/2393LMW/16, relying on an affidavit of urgency which disclosed no threat of destruction of rights, or interest, in the subject matter of the dispute without putting the other party on notice.
Source: Leadership
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