A civil rights group under the aegis of Coalition in Defence of Nigerian Democracy and Constitution has petitioned the National Judicial Council (NJC) over the granting of ex-parte order to freeze accounts of EndSars protesters for 90 days.
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The letter titled “Re: Suit No FHC/ABJ/CS/1384/2020” signed by its convener, Ariyo Dare-Atoye, said Justice A. R. Mohammed was wrong to have granted the order for 90 days contrary to Order 26 Rule 10 which permits lesser period
They described the action of Justice Mohammed as “grievous judicial misbehaviour” and urged the NJC to investigate same
“We write to bring to your notice (and to request for your investigation) what seems to us a glaring case of grievous judicial misbehaviour by Justice A. R Mohammed of the Federal High Court Abuja.” the letter reads
It added “We believe that, in issuing these deeply concerning orders, the Honourable Justice A.R. Mohammed violated his judicial oath and, in our view, ridiculed, devalued, and imperilled the Nigerian system of justice before a watching world. Our reasons are set out below.”
The Group said the Affidavit in support of the exparte application did not disclose compelling evidence neither did it kink the EndSars protesters to any crime
They said, “First, we are shocked that His Lordship, Justice A. R Mohammed granted the above ex parte order in the absence of compelling evidence that it ought to be granted. The fact-free affidavit in support of the ex parte application woefully failed to connect the defendants to any investigations or crimes necessitating the application or its grant.”
Furthermore, they described the order as “dubious” because it goes contrary to the position of the Supreme Court that ex-parte orders should not be abused by judges
“In issuing this dubious order, His Lordship poked fingers at the Supreme Court of Nigeria and violated long-standing apex court’s guidelines consistently admonishing against the abuse of ex parte orders by judges and litigants.” the group said
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