The National Judicial Council (NJC) has issued a warning to Justice Bello Kawu of the Federal Capital Territory (FCT) High Court and placed him on its Watch List for granting interim bail to former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, despite a subsisting remand order issued by another judge of the same court.
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The Council found that Justice Kawu granted the former Attorney-General interim bail on December 23, 2025, even though he was aware that an earlier remand order against Malami remained valid until midnight on December 24, 2025.
The disciplinary decision was reached at the NJC’s 112th meeting held on November 3, 2026, under the chairmanship of the Chief Justice of Nigeria, Justice Kudirat Motonmori Olatokunbo Kekere-Ekun.
In a statement issued on November 4 by its Deputy Director of Information, Kemi Babalola-Ogedengbe, the Council disclosed that its Investigation Committee found merit in a petition challenging Justice Kawu’s handling of the former Attorney-General’s bail application.
According to the NJC, another judge of the FCT High Court had earlier issued a remand order against Malami, which was due to expire at midnight on December 24, 2025.
However, Justice Kawu entertained and granted an application for interim bail on December 23, a day before the expiration of the existing remand order.
The Council explained that the judge was aware of the subsisting order when he granted the application, thereby creating a conflict between two orders issued by judges of the same court.
“Council found merit in a petition against Justice Kawu over his grant of an interim bail to former Attorney-General of the Federation, Mr. Abubakar Malami, SAN, despite a subsisting remand order issued by another Judge of the same court,” the NJC stated.
“The Investigation Committee found that Justice Kawu knew of the earlier order, which was due to expire at midnight on December 24, 2025, but granted an interim bail on December 23, 2025, in conflict with it,” the Council added.
Following its consideration of the investigation report, the NJC adopted the committee’s findings and directed that Justice Kawu be issued a formal warning letter.
The Council also ordered that his name be placed on its Watch List as part of the disciplinary measures imposed over his handling of the matter.
The decision formed part of broader disciplinary actions taken by the NJC after reviewing complaints against judicial officers concerning alleged procedural irregularities, disregard for court orders and other breaches of judicial responsibilities.
At the meeting, the Council considered reports on 35 petitions submitted by its Preliminary Complaints Assessment Committees.
Of the petitions considered, 24 were dismissed for lack of merit, four were recommended for further investigation, while one was placed in abeyance because the matter was pending before a court.
The Council also approved cautions and warnings against six judicial officers, including placement on its Watch List for six months.
Justice Kawu was among the judicial officers identified for disciplinary action following the review of petitions concerning their conduct in the discharge of judicial responsibilities.
The NJC’s findings against him raise questions about the responsibility of judicial officers to respect existing orders made by courts of coordinate jurisdiction.
Although judges possess the authority to determine bail applications in accordance with the law, the Council’s disciplinary decision centred on Justice Kawu’s knowledge of an existing remand order and his subsequent issuance of a conflicting interim bail order.
The disciplinary action therefore concerned the propriety of the judicial process followed, rather than a determination by the NJC of Malami’s guilt or innocence in the matter for which he had been remanded.
The decision also highlights the importance of consistency in judicial proceedings and respect for subsisting court orders, particularly where separate applications involving the same person are brought before judges of the same court.
The warning issued to Justice Kawu was among several disciplinary measures approved during the meeting.
The Council also directed that warning letters be issued to Justices Danjuma A. Oyigbenu and Isa Ebini Kana of the Nasarawa State High Court for failing to deliver judgment in an appeal within the constitutionally prescribed 90 days.
According to the NJC, the two judges admitted that the judgment was delivered outside the stipulated period but failed to provide a satisfactory explanation for the delay.
The Council held that their conduct breached Section 294 of the 1999 Constitution, as amended, and advised them to exercise greater diligence in the management of cases.
Similarly, Justice Mohammed Zubairu of the FCT High Court was cautioned and placed on the Council’s Watch List after the Investigation Committee found that he entertained an application and made orders despite being informed that an appeal had already been entered at the Court of Appeal.
The Council described his conduct as a disregard for the appellate court and an action bordering on insubordination.
Justice C. A. Ogbuagor of the Enugu State High Court was also cautioned after the Council found that he continued proceedings despite a pending appeal and an application for a stay of proceedings, thereby raising concerns about fair hearing, due process and respect for court hierarchy.
The NJC further cautioned Justice Chibuike L. Azuama of the Imo State High Court and placed him on its Watch List after finding that he granted an ex parte garnishee order freezing the bank accounts of Puma Energy, which was not a party to the substantive suit.
According to the Council, the order caused the company substantial losses.
The disciplinary measures formed part of the Council’s efforts to promote accountability, adherence to judicial procedures and public confidence in the administration of justice.
In Justice Kawu’s case, the NJC maintained that granting Malami interim bail in the face of an existing remand order, which the judge knew remained operative, warranted disciplinary intervention.
Consequently, the Council directed that a warning letter be issued to him and that he be placed under disciplinary monitoring through its Watch List.
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