Professor of law and former Chairman of the National Human Rights Commission, Chidi Anselm Odinkalu, has drawn attention to a ruling of the High Court of Imo State in which a Certified True Copy of a judgment was set aside on the ground that it was not the judgment that had been delivered and read in open court, and has asked what consequence should follow for the judge who delivered the original.
![](https://thenigerialawyer.com/wp-content/uploads/2026/06/ELLAN.png")
![](https://thenigerialawyer.com/wp-content/uploads/2026/05/2026-Summer-IDRI-Masterclass.jpg")
Odinkalu raised the matter in successive posts on his X handle, describing the case as an incredible one and disclosing that the judge concerned was among nine judges of the same court compulsorily retired by the National Judicial Council last year.
Setting out the sequence, Odinkalu wrote: “The High Court of Imo State has just delivered a judgment in a truly incredible case. On 24 June 2025, Justice Nwagboso of the High Court of Imo State delivered a judgment in which he ruled in open Court against the governor of the state. When he released the CTC of the judgment, the judgment was different and had changed to be in favour of the Governor.”
He continued: “The original winner applied to have the CTC set aside. The court ordered for the record book of the court and found the original judgment notes of the court concealed. In his judgment of 21 July 2026, Justice Okpara of the High Court of Imo State set aside the CTC.”
He then posed the question that has driven the reaction to his post. “What should happen to Justice Nwagboso?”
In a follow up post, Odinkalu supplied further background on the judge.
“Justice Nwagboso, who altered his judgment in this case after delivery, was one of the 9 judges compulsorily retired by the NJC from the High Court of Imo State in June 2025 for age falsification,” he wrote. “In his case, it appears, he had altered his age by 10 years.”
The ruling Odinkalu refers to was delivered on Tuesday, 21 July 2026 by Hon. Justice S.I. Okpara of the High Court of Imo State, Orlu Judicial Division, in Suit No. HOR/98/2019, Hon. Chief Athanasius Uche Ogoh v. The Governor of Imo State, the Attorney-General of Imo State and the Commissioner for Land, Survey and Urban Planning, Imo State, on Motion No. HOR/317M/2025.
The Plaintiff/Applicant had filed the motion on 20 November 2025 seeking two orders. The first was an order setting aside the document purporting to be the Certified True Copy of the judgment delivered by the court on 24 June 2025 in the suit. The second was an order directing Hon. Justice M.E. Nwagboso (Rtd) to produce the actual judgment delivered and read in open court on that date.
The motion was brought on eight grounds and supported by a seventeen paragraph affidavit sworn by the Applicant himself with seven exhibits marked A to G, together with a further affidavit of five paragraphs with three additional exhibits marked H, I and J. The Defendants/Respondents filed a counter affidavit of ten paragraphs.
In the portion of the ruling available, Justice Okpara found that the Applicant had presented sufficient evidence “clearly indicating that the record book of the Court was doctored and the Certified True Copy of the judgment issued on 23/07/2025 is not the judgment delivered and read by His Lordship, M.E. Nwagboso, J. on 24/6/2025 in open Court.”
On the court’s power to intervene rather than leaving the matter to appeal, the judge relied on Obimonure v. Erinosho & Anor (1966) LPELR 2530 (SC), noting the Supreme Court’s holding that a person affected by an order properly describable as a nullity is entitled ex debito justitiae to have it set aside under the inherent jurisdiction of the court that made it, without necessarily appealing against it, appeal being for the determination of the correctness or otherwise of a judgment.
Addressing an objection that the motion constituted an abuse of process, the court held that the mere filing of a process does not amount to abuse, citing Ikokwu v. Asset Management Corporation of Nigeria (2017) LPELR-50682 (CA), in which the Court of Appeal held that abuse of process arises where the subject matter and the parties in two or more proceedings are the same and are simultaneously pursued. The court also cited FUTO v. AMCON (2024) LPELR-63036 (SC), Ogboru v. Uduaghan (2013) 13 NWLR (Pt. 1370) 33, R-Benkay Nig Ltd v. Cadbury Nig Ltd (2012) LPELR-7820 (SC) and Ogar & Ors v. Igbe & Ors (2019) LPELR-48998 (SC), describing abuse of process as the use of the court’s process to the irritation or vexation of a party rather than for the proper administration of justice.
Justice Okpara held: “This court has no difficulty in agreeing with the Plaintiff/Applicant that the Certified True Copy of the judgment issued on 23/07/2025 is not the judgment delivered and read by His Lordship, M.E. Nwagboso, J. on the 24th June 2025.”
He accordingly ruled that the Certified True Copy, tendered as exhibit B to the motion and as exhibit 1 to the counter affidavit, “is a nullity,” and ordered that it be set aside on that ground. The first prayer succeeded.
The second prayer, seeking an order directing the retired judge to produce the actual judgment, was refused and struck out, the court holding that His Lordship “is neither a party in suit no. HOR/98/2019 nor a party in the instant motion.”
The court made no order as to costs.
M.A. Njemanze, SAN, appeared with O.J. Odoemena and B.A. Abaku for the Plaintiff/Applicant. Mrs V.E. Ekemgba, Director, appeared for the Defendants/Respondents. Chief M.I. Ahamba, SAN, appeared with E.M. Ichie, Esq., as amicus curiae.
The court thanked Chief M.I. Ahamba, SAN, and Chief Chris Ihentuge for offering their time, knowledge and experience as amici curiae in the matter.
“Order Justice Omolaye-Ajileye’s Electronic Evidence Books Now” — Essential Guides On Evidence Act, Case Law And Digital Proof
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation
______________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
The book also examines Nigeria's legal ecosystem, focusing on the LPELR and NBA AI Guidelines. As a bonus, every purchase comes with a FREE eBook titled: How to Use the AI Features in LegalPedia and LawPavilion.
Ohio Books Ltd praises the publication, stating:
"....this is the only Nigerian book I know of on the topic."
How to Order:
📞 Call, Text, or WhatsApp: 08034917063 | 07055285878
📧 Email: benadigwe1@gmail.com
🌎 Website: www.benadigwe.com
Ebook Version: Access it directly online at https://selar.com/prv626
Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
