The National Judicial Council (NJC) has suspended Justice Sobere Biambo of the Rivers State High Court for one year without pay and barred him from being nominated for elevation to a higher court for three years over the unlawful exercise of contempt powers in a civil dispute.
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The Council found that the judge ordered the arrest of litigants for allegedly disobeying an interim injunction and subsequently imposed fines of ₦300,000 on each of them without initiating proper contempt proceedings or complying with the mandatory procedural requirements.
The disciplinary action was approved 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, GCON.
In a statement issued on November 4 by its Deputy Director of Information, Kemi Babalola-Ogedengbe, the Council disclosed that it considered nine investigation reports concerning petitions against judicial officers over their handling of cases.
Following the consideration of the reports, the NJC approved the suspension of three judicial officers for one year without pay, with additional restrictions on the elevation of two of them.
Justice Biambo was among those sanctioned after an NJC Investigation Committee found that he had exercised judicial powers in a manner inconsistent with the procedures governing contempt proceedings.
According to the Council, the judge issued bench warrants against the petitioners following allegations that they had disobeyed an interim injunction made in a civil dispute.
The committee found that he subsequently imposed fines of ₦300,000 on each of the affected litigants without first instituting contempt proceedings or ensuring the service of Forms 48 and 49.
The forms are procedural notices ordinarily used in the enforcement of court orders through contempt proceedings, including notifying an affected person of the consequences of disobedience and providing an opportunity to respond.
The NJC maintained that the judge’s failure to follow the prescribed procedure rendered his actions improper.
The Council stated that it approved Justice Biambo’s suspension for one year without pay and imposed a three-year restriction on his nomination for elevation to a higher judicial office.
Explaining the findings, the NJC said its investigation established that the alleged disobedience of the interim injunction occurred outside the courtroom.
It held that contempt allegedly committed outside the court’s presence could not lawfully be dealt with through summary punishment without following the necessary judicial procedures.
“The Committee found that he ordered the arrest of the petitioners for alleged disobedience of an interim injunction and subsequently imposed fines of N300,000 on each without the institution of contempt proceedings or service of Forms 48 and 49,” the Council stated.
“It held that the alleged contempt occurred outside the court’s presence and ought not to have been summarily tried and punished,” the statement added.
The findings raised concerns about compliance with due process and the limits of judicial authority when enforcing court orders against litigants.
Although courts possess powers to enforce their orders and punish contempt, the exercise of those powers must comply with the applicable laws and procedures, particularly where the alleged contempt occurs outside the presence of the court.
The distinction is important because contempt committed in the face of a court may, in appropriate circumstances, be addressed summarily, while alleged disobedience occurring outside the courtroom ordinarily requires formal proceedings that give the affected person an opportunity to answer the allegation.
In Justice Biambo’s case, the NJC found that the necessary procedures had not been followed before the arrest orders and financial penalties were imposed.
Consequently, the Council adopted the recommendation of its Investigation Committee and approved disciplinary measures affecting both his judicial functions and prospects for elevation.
The sanction formed part of broader disciplinary decisions taken at the NJC’s 112th meeting.
Also suspended for one year without pay was Justice Hannatu Mohammed Kabir of the Nasarawa State High Court, who was found to have ordered the unlawful detention of a litigant for 58 days without proper contempt proceedings.
According to the NJC, Justice Kabir ordered the arrest and detention of the litigant over alleged disobedience of court orders without the issuance and service of Forms 48 and 49 or the institution of proper contempt proceedings.
The Council found that the alleged contempt occurred outside the court’s presence and could not lawfully have been summarily tried and punished.
It also held that the judge’s actions violated the litigant’s right to a fair hearing.
Justice Kabir was consequently suspended for one year without pay and barred from nomination for elevation for three years.
The third judicial officer suspended was the Grand Kadi of the Jigawa State Sharia Court of Appeal, Mohammed Sani Salihu.
The Council found that he exceeded his judicial authority by constituting a committee to review a judgment delivered by the Federal Capital Territory Upper Area Court and subsequently assigning the matter to a Higher Sharia Court Judge.
According to the investigation report, the Higher Sharia Court Judge received fresh evidence and delivered another judgment, effectively reopening a matter already determined by a court of competent jurisdiction.
The NJC held that the process amounted to an improper appeal against a valid judgment and violated Rule 3.3.1 of the Revised Code of Conduct for Judicial Officers, 2016.
The Council approved the Grand Kadi’s suspension for one year without pay and directed the most senior Kadi of the Jigawa State Sharia Court of Appeal to perform the functions of the office during the suspension.
Beyond the three suspensions, the NJC also considered other petitions involving allegations of procedural irregularities, disregard for court hierarchy and failures to comply with judicial responsibilities.
The Council issued warning letters to three judicial officers and cautioned others over their handling of cases.
Among those warned was Justice Bello Kawu of the Federal Capital Territory High Court, who was found to have granted interim bail to former Attorney-General of the Federation, Abubakar Malami, SAN, despite a subsisting remand order issued by another judge of the same court.
The Council also approved warning letters for Justices Danjuma A. Oyigbenu and Isa Ebini Kana of the Nasarawa State High Court for failing to deliver judgment within the constitutionally prescribed 90 days.
Other judicial officers were cautioned over their handling of proceedings involving pending appeals, garnishee orders and compliance with judicial procedures.
The disciplinary decisions underscore the NJC’s position that judicial independence must be exercised alongside accountability, observance of due process and respect for the rights of litigants.
In the case of Justice Biambo, the Council’s findings centred on the improper use of contempt powers against litigants whose alleged disobedience of a court order had not been established through the required proceedings.
The one-year suspension without pay and three-year restriction on elevation represent the disciplinary consequences imposed by the NJC for those findings.
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