NJC Reiterates Position on Case Continuity Despite Judge Transfers
THE Nigerian Judicial Council (NJC) in a Circular has reinterated its earlier landmark decision regarding de novo cases and mandated all Chief Judges and trial judges to henceforth finish cases that have advanced regardless of where they’re posted to within a state.
The decision was taken at the 108th meeting of NJC held on 30th of April, 2025 in order to prevent evidence being destroyed, misplaced or tampered with as well as save parties in the case of wanton waste of resources, time and energy.
Delays and Legal Controversy in Mike Igini’s Libel Suit
“The National Judicial Council at its 109th Meeting held on 25 June 2025, considered various petitions against Judicial Officers at the Federal and State levels, bordering on requests for the transfer of cases, among others”.
Read Also: NJC Harmers Edo Chief Judge, Okugbowa Over Abuse Of His Judiciary Discretion In Suite no B1/555/2020
“Council observed that when such matters were transferred, they commenced de novo to the detriment of the parties and further noted the potential risk of evidence being destroyed, misplaced or tampered with in the process.”
ln the classic case of lgini’s libel suit that has gone on for five years, one of the witnesses has passed on yet the CJ of Edo State ordered the reassignment of the case file to a new Judge to start de novo because the trial Judge has been transferred to Okada Division and the reluctant 1st defendant (col. David lmuse rtd) who could not file a defense for over three years until the Claimant (Mike lgini) closed his case wants the matter to start de novo.
Protest from Co-Defendants and Witness Death Complicate Matter
What is more disturbing is the fact that the two co-defendants to the 1st defendant have also closed their defenses and protested against the decision of the CJ as unfair given that for over five years they having been travelling from lbadan and Enugu state to Benin because of this matter whereas the 1st defendant who wants a de novo trial is domiciled in Benin.
NJC Condemns CJ Okungbowa’s Discretion and Letters
NJC could not reconcile why the head of a state judiciary could abuse his discretionary administrative powers in the manner it had been exercised and thus condemned Justice Daniel Okogbuwa’s ceeding of his power to the 1st Defendant when he wrote a letter to the counsel of the Claimant through his Registrar dated 15th August 2024 ordered thus “l have been directed by His Lordship to inform you that the trial Judge has been transferred to the High Court, Okada Judicial Division and such could not lawfully sit in Benin without the Warrant of the Hon. the Chief Judge” He further wrote another letter dated 17th October 2024 where he said “ I have been directed by Hon. the Chief Judge, Hon. Justice D. I. Okungbowa to inform you that A. I Osarenkhoe Esq. counsel to the 1st defendant has declined concurrence to issuance of warrant to enable Hon. Justice V.O. Eboreime conclude the said case”
NJC Issues Clear Instructions to Prevent Abuse of Power
“In view of the foregoing, all Heads of Courts are by this Circular directed as follows:
(i) “Henceforth, matters that have reached an advanced stage or have been adjourned for judgment should not be transferred, irrespective of complaint by any of the parties.
(ii) “Whenever a Judicial Officer is on transfer, he should not be required to obtain a Fiat before delivering a pending judgment. Such a case should proceed automatically.
“Council also observed that once a petition was written against a Judicial Officer, he automatically stopped further hearing of the matter, until Council finally considered the petition.
“Council noted that it is not in all cases that a Judge will stop hearing a matter as a result of a petition against him. Accordingly, such matters should be assessed by all Heads of Courts and treated on a case by case basis.
“All Heads of Courts are advised to bring the contents of this Circular to the attention of all Judicial officers in their jurisdiction, please”, the circular read.
NJC Clears Path for Igini’s N5B Suit to Proceed
According to the NJC earlier report made available to Standarddailypress.com on the suit no: B1/555/2020, the Chief Judge of Edo State, Hon. Daniel Iyobosa Okugbowa pliantly abused his judicial discretionary power by ordering a four years trial case to start de novo after one of the witnesses to the defendant had died because a reluctant 1st defendant wants a de novo trial.
By the NJC’s decision, the N5 billion libel suit against Col. David Imuse instituted by Hon. Mike Igini can now take its course and be concluded by the trial Judge accordingly.
