A dispute regarding the Borno South Senatorial seat has concluded with a complaint filed against three Justices of the Court of Appeal at the National Judicial Council (NJC) for alleged misconduct.
The person filing the complaint, Sesugh Akume, a political and social analyst, addressed the petition to the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, who also chairs the NJC.
Akume claimed that the judges at both the tribunal and the appellate court behaved improperly and reached a flawed judgment.
The justices under scrutiny from the Court of Appeal are Justice Biobale Abraham Georgewill, Justice Folashade Ayodeji Ojo, and Justice Peter Chudi Obiora.
The accusation revolves around their judgment in appeal No: CA/G/EP/SEN/04/23 on November 2, 2023, in the Abuja division of the court.
Furthermore, Akume has also raised concerns about the three Judges of the Borno State National Assembly Election Tribunal, namely Justices M. E Anenih, A. I Ityonyiman, and O.A Adeniji, who dismissed petition No: EPT/BOR/SEN/02/23 in Kudia M.Saluman & PDP V INEC, APC & Senator Mohammed Ali Ndume.
The complaint, filed under the code of conduct for judicial officers of the Federal Republic of Nigeria, 2016, and section 2 of the Code, alleges that the judges made conclusions that the Court of Appeal deemed perverse.
Particularly, the tribunal’s ruling on the admissibility of evidence and its treatment of testimony related to document presentation were highlighted as problematic.
“The tribunal held that further evidence provided in the response to a counter-filled by the opposing side was inadmissible for being filed out of time as it ought to have been filed from the onset.
“It held that any testimony given by an individual perusing document tendered was ‘mere’ hearsay so long as the individual was not physically present when the documents were produced.”
Akume questioned the credibility of the judgment, pointing out that supporters of Senator Ndume seemed to have knowledge of the outcome before it was officially delivered.
He emphasized discrepancies in the Court of Appeal’s dismissal of the tribunal’s findings while still upholding its overall judgment.
In the petitioner’s view, the judicial process seemed incomprehensible and damaging to public confidence in the judiciary.
Akume urged the NJC to thoroughly investigate the complaint and hold the implicated judicial officers accountable, emphasizing the importance of restoring the judiciary’s standing and image.
