In a significant directive issued by the Chief Justice of Nigeria, Justice Kudirat M. O. Kekere-Ekun, the National Judicial Council (NJC) has instructed all Heads of Courts across Nigeria to stop the practice of reassigning cases that have already reached advanced stages or are awaiting judgment.
The move stems from a petition by Mike Igini, the former Resident Electoral Commissioner (REC) of Akwa Ibom State, against Justice Daniel Okungbowa, the Chief Judge of Edo State. The NJC found that a defamation case filed by Igini had been improperly transferred, prompting the council to take decisive action.
The Backdrop: Igini’s N5 Billion Lawsuit
In 2020, Igini filed a N5 billion defamation suit against retired Colonel David Imuse, then Chairman of the All Progressives Congress (APC) in Edo State. This followed statements made by Imuse during a press briefing on the eve of the Edo gubernatorial election, where he alleged that Igini was seen leaving Governor Godwin Obaseki’s residence at 3:00 a.m. with a bag purportedly containing cash meant to sway the polls.
After Imuse failed to retract the allegation or offer an apology, Igini approached the Edo State High Court. The suit, marked B1/555/2020, also listed The Sun Newspapers and African Newspapers of Nigeria Plc (publishers of the Tribune) as co-defendants. The matter had advanced substantially under the supervision of Justice V.O. Eboreime. By that stage, Igini and two co-defendants had concluded their cases, leaving only Imuse to open his defence.
Unsettling Reassignment Sparks NJC Petition
To the surprise of the parties involved, the Chief Judge of Edo State reassigned the case to a new judge who was to begin the trial afresh. Unhappy with the disruption, Igini petitioned the NJC on November 5, 2024. In his submission, he accused the Chief Judge of manipulating the process to favour Imuse, who had continuously delayed filing his defence.
The NJC reviewed the petition and ruled in Igini’s favour, directing that the case be returned to Justice Eboreime to resume from where it was halted. The Council also issued a warning to Justice Okungbowa, cautioning against further misuse of judicial discretion.
NJC Introduces New Guidelines on Case Transfers
At its 108th meeting held on April 30, 2025, the NJC examined various complaints about similar issues occurring across Nigerian courts. The council observed a troubling pattern of cases being transferred midway, leading to de novo trials that undermine judicial efficiency and disadvantage litigants.
To curb this trend, Justice Kekere-Ekun signed a new directive mandating that no case which has reached an advanced stage or is awaiting judgment should be transferred — regardless of any complaint or petition from the involved parties.
The CJN also clarified that judges who are transferred to different jurisdictions will no longer require special approval (fiat) to deliver judgments on cases they previously heard.
Furthermore, the new policy states that a petition filed against a judicial officer should not automatically halt ongoing proceedings. Instead, each situation will be assessed independently by the relevant Head of Court.
Promoting Fairness and Trust in the Judiciary
The circular concluded with a call to all Heads of Courts to disseminate the new guidelines widely among judicial officers in their jurisdictions. The aim, according to the CJN, is to reinforce public trust, uphold justice, and enhance the overall credibility of Nigeria’s legal system.
The directive reads in part:
“From now on, matters at an advanced stage or adjourned for judgment must not be reassigned, irrespective of complaints by any of the parties involved.
“When a Judicial Officer is transferred, he or she should not be compelled to seek a fiat to conclude a pending judgment — the process should continue seamlessly.
“The Council also noted that the mere filing of a petition against a judge should not be a blanket reason to halt proceedings. Every case should be evaluated by the relevant Head of Court based on its peculiar circumstances.
“All Heads of Courts are therefore advised to bring these new directives to the attention of all judicial officers under their authority.”
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