NJC Sanctions Hon. Justice Okugbowa for Abuse of Discretion
THE harmer of Nigerian Judicial Council (NJC) has descended on the pliant Hon. Justice Daniel Okugbowa among other judges across the country who was cautioned over abuse of his judicial discretion in suit no B1/555/2020.
Questionable Ruling in Favour of Col. Imuse
Justice Okugbowa who was “advised to exercise his discretion judicially and judiciously in the future” was seemingly caught in the bid of upending justice in favour of 1st defendant, Col. Imuse, retrd who refused to file his defense in the case after all parties to the suit have concluded their cases four years after.
Mike Igini Petitions NJC
The claimant to the suit, Hon. Barrister Mike Igini, a former INEC Commissioner had petitioned the Chief Justice of Nigeria, Hon. Justice Kudirat M. O. Kekere-Eku on November 5, 2025, urging the NJC to intervene.
Allegations of Justice Frustration
In a lengthy petition titled “Denial of justice and frustration of my case after four-year trial by the Honourable Chief Judge of Edo State, in suit no B1/555/2020 — Hon Mike Igini V. Col. David Imuse Rtd & Ors (formerly pending before Justice V. O. Eboreime)”. Igini lamented how Hon. Justice Iyobosa Okugbowa orchestrated efforts to frustrate the proceedings in the above suit.
Igini’s Position on the Trial
“I instituted this action against Col. David Imuse (Rtd), a politician, for libel against my character. I must emphasize that this is the first petition I have ever had to write against another individual, let a lone a judicial officer occupying the esteemed position of a Chief Judge”.
Grounds for Complaint Against CJ’s Decision
“The Honourable Chief Judge of Edo State (by administrative fiat) ordered trial de-novo in the above case not due to the retirement, elevation to the Court of Appeal, bias, death of the trial judge, but for a mere routine transfer of the trial judge (Hon. Justice V.O. Eboreime) to another division of the Edo State High Court and the refusal of the 1st defendant’s counsel to consent to the continuation of the trial before Hon. Justice V.O. Eboreime.
Emotional and Financial Toll on the Claimant
“This decision came despite my legal team and I having spent nearly four years traveling by road and air from Lagos to Benin to present three witnesses, one of whom, Mr. Kingsley, tragically passed away before he could testify.
De Novo Order Described as Judicial Misconduct
“I find the rationale behind the Honourable Chief Judge’s order for a trial de novo, which sought consent from the 1st defendant and his lawyers after their unprofessional conduct, to be an extreme misuse of judicial power and a deliberate attempt to frustrate my pursuit of justice after four years of arduous proceedings.
A One-Sided Decision?
“It is unimaginable that the Honourable Chief Judge would require the consent of an unwilling 1st defendant and his lawyers before instructing Hon. Justice V.O. Eboreime to conclude the trial in a case where all parties except one had closed their cases. I had closed my case, and the co-defendants, the 2nd and 3rd Defendants, had also concluded their respective cases.
Curious and Controversial Legal Moves
“It is both strange and curious for the Honourable Chief Judge to seek the consent of 1st defendant and his lawyers who had yet to open their defence and had consistently attempted to frustrate the case before directing Hon. Justice V.O. Eboreime, who is covered by the Chief Judge’s warrant and still presides over cases before her transfer to the Okada division, to complete the trial.
Trial Restart Labeled as Injustice
“A directive for a de novo trial based on the unwillingness of a party to present their defence is incomprehensible, injudicious, morally wrong, and an unfair attempt to dissuade me from proceeding with my case to clear my name from the damaging and injurious allegations against my reputation and integrity, which I have upheld throughout my public service as an INEC Commissioner.
Plea for NJC’s Intervention
“I respectfully appeal to this esteemed body of eminent jurists to intervene and urge the Honourable Chief Judge of Edo State to direct the trial judge to conclude this case by calling on the 1st defendant to open his defence in the interest of justice, rather than subjecting me to a de novo trial after four years”, a part of the petition read.
Background: Col. Imuse Requests De Novo Trial
Earlier Standarddailypress.com reported how Col. David Imuse, rtd wanted a de novo trial in the N5b suit, after four-year failure to file his defence.
Legal Expert Faults Chief Judge’s Conduct
In the report, a legal luminary then faulted the rationale behind such abuse of court process.
Questions on Professionalism and Fairness
“Is it right and professional for a party in a matter to write a petition to the trial judge or Chief Judge without copying other parties and decision is taken without the benefit of hearing from other parties involved in the matter?
“Will the cause of justice truly be served if a party in a matter, the case and trial history clearly shows that he is unwilling to defend himself after refusing to put up defence for over 3 years granted a prayer to start de novo when the Claimant, 2nd and 3rd defendants have closed their cases?
“Will a decision to grant “de novo” trial to a reluctant defendant responsible for several adjournments not amount to further indulgence of a party who was previously granted by the court a motion for extension of time to file a defence after 3 years without a copy of statement of defense attached to the said motion yet granted ?
“Is it fair and just to subject Claimant, his legal team, 2nd and 3rd defendants lawyers from Lagos, Oyo and Enugu States to Benin for another de novo trial over a frivolous one-sided petition by 1st defendant and his lawyer who are based in Benin and suffer no inconvenience nor financial cost?”, Oviawe said.
Lagos Judicial Practice Cited as a Model
The legal practitioner advocated that the Lagos state tradition is adopted in Edo in particular and Nigeria in general.
Lagos vs Edo: A Case of Judicial Efficiency
“Lagos is ahead of all states in Nigeria in terms of justice dispensation because when a case file is assigned to a judge and trial has commenced, irrespective of the stage the matter has reached, an administrative transfer to any division within the state, the judge goes to the new division with the file for continuation and not a reassignment to a new judge for a “de novo” to avoid wastage of time and resources spent, most especially delayed justice.
Political Timing and Judicial Delay
“No wonder Lagos is called the center of excellence. It’s even very unjust and unfair that the party responsible for the delays for four years is the one asking for a “de novo”.
“A Libel suit filed before 2020 September Edo Governorship election now almost four years yet to be concluded when the state is again at the eve of another Governorship election in September, yet the office of the CJ is being asked by unwilling defendant to have the matter restarted again simply because the plaintiff was recalled to clarify new allegation raised after the plaintiff had closed his defence. How will justice be served if the case start all over again after 4 years?”.
The NJC ordered the Justice Okugbowa to return the file to the trial Judge for the 1st defendant to open his defence and conclude the matter and not a de nove trial after the claimant, 2nd Defendant and 3rd defendants have all closed their case. That its an extreme abuse of power by the CJ to administratively interfere into the trial process which is an abuse of discretionary power.
