National Judicial Council V. Hon. Justice P.N.C. Agumagu & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OBANDE FESTUS OGBUINYA, J.C.A. (Delivering the Leading Judgment)

This appeal probes into the correctness of the decision of the Federal High Court, holden at Abuja, corom judice A. F. A. Ademola, J., in suit No. FHC/ABJ/CS/253/2014, delivered on 26/05/2014. The appellant, second-fourth respondents and the first respondent were the respective respondents and applicant in the Federal High Court, the lower court.

The facts of the case, which transformed into this appeal, submit to brevity and easy appreciation. The first respondent is a serving judicial officer in the service of the Rivers State judiciary. On 07/05/2009, he was appointed the President of the Customary Court of Appeal of Rivers State by the Governor of the State.

By a letter dated 18/03/2014, the Governor of Rivers State appointed the first respondent as the Chief Judge of the State. The House of Assembly of Rivers State confirmed the appointment and he was sworn-in as the Chief of Rivers State.

Subsequently, the appellant, an executive body charged with the responsibility of disciplining judicial officers, suspended the first respondent from office as a judicial officer on 26/03/2014. It further queried him on why he should not be removed from office for failure to abide by his oath of office to uphold the Constitution and Laws of the Federal Republic of Nigeria.

Sequel to that, and in order to preserve his job, the first respondent beseeched the lower court by dint of a motion ex parte, filed on 31/03/2014, for an order for leave to apply for judicial review by way of certiorari, prohibition, declaration and injunction against the appellant over its decision of 26/03/2014.

The lower court granted the leave on that same 31/03/2014 and fixed the return date on 10/04/2014. Pursuance to the leave, the first respondent filed a motion on notice, on 01/04/2014, and replicated those outlined reliefs. On 17/04/2014, the appellant filed a motion on notice and it prayed the lower court to: set aside its enrolled order dated 10/04/2014 and strike out the entire suit filed by the first respondent.

At a resumed sitting of the lower court on 05/05/2014, the first respondent, qua counsel, urged it to take the appellant’s preliminary objection along with the substantive suit. The appellant objected to that line of procedure. After very dazzling and extensive arguments, for and against the procedure, the lower court adjourned to 26/05/2014 for ruling. In a considered ruling, delivered on that 26/05/2014, the lower court ordered, inter alia, that the appellant’s preliminary objection and the first respondent’s motion on notice, dated 01/04/2014, were fixed for 30/06/2014 for hearing.

The appellant was dissatisfied with the ruling. Hence, on 05/06/2014, it lodged a 7-ground notice of appeal, found between pages 209 – 222 of the printed record of appeal, and, ultimately, prayed this court as follows:

(i) To allow this appeal.

(ii) To set aside the ruling and Orders made by the lower court on 26th May, 2014, as well as the subpoena dated 2nd May, 2014.

(iii) Applying the provisions of Order 26 Rules 11 and 12 of the Federal High Court (Civil Procedure) Rules, 2009 to Appellant’s application dated and filed on 17th April, 2014.

To discharge the ex-parte Order made by the lower court on 31st March, 2014, amended on 10th April, 2014, and embodied in the enrolled Order dated 10th April, 2014 which was served on the Appellant on 11th April, 2014.

(iv) In the alternative to and/or if relief (iii) supra is refused by the Court of Appeal, To take the said Appellant’s application as a court of first instance, under and by virtue of Section 15 of the Court of Appeal Act, accordingly.