The National Judicial Council (NJC) has acknowledged the receipt of a petition against Justice E.N. Oluedo of the High Court of Enugu State, accusing the judge of engaging in an act of misconduct.
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The NJC’s acknowledgement is contained in a response dated April 17 and signed by the Chief Justice of Nigeria (CJN) and Chairman of the NJC, Justice Kudirat Kekere-Ekun and addressed to the petitioner, Dr. Ifeanyichukwu Okonkwo.
It reads in part: “This is to acknowledge receipt of your petition dated 10th April 2025 on the above subject matter and to inform you that action is being taken, please.”
Okonkwo, who is a defendant in a charge pending before Justice Oluedo by the Economic and Financial Crimes Commission (EFCC), accused the judge of proceeding to conduct hearing in after he appealed the judge’s ruling on his challenge of the court’s jurisdiction.
According to Okonkwo, during the proceedings on February 26, in the charge marked: E/298C/2019, he informed the court that he was not ready for plea because he filed appeal against the court’s earlier ruling on jurisdiction and also filed application for stay of proceedings pending appeal.
Okonkwo, who appeared for himself on the said date, said despite his argument, his appeal had been entered and marked: CA/E/4C/2025, and his contention that the ruling was a final decision, the judge upheld that arguments of the prosecuting lawyer, I. E. Ajoblewe and proceeded to conduct hearing in the case.
He quoted part of the judge’s ruling on February 26 thus: “hold the view that the ruling of the honourable court which the accused (Okonkwo) has appealed at the Court of Appeal Enugu in Appeal No. CA/E/4C/2025 as submitted by the accused is an interlocutory decision as same has not terminated this case for it to pass as a final decision.
“Section 258 1(b) of the Administration of Criminal Justice Law of Enugu State 2017 (ACIJL) provides that any interlocutory appeal in respect of an objection taken before plea shall not operate as a stay of proceedings in the trial court.
“The interlocutory appeal before the Court of Appeal Enugu is in respect of objection taken before plea in this case therefore, hold that the said interlocutory appeal at the Court of Appeal, by the provisions of Section 258 1(b) ACJL shall not operate as a stay of proceedings in this case, also rely on METUH V FRN (2017) 11 NWLR (PT 1575) 157.
“The contention of the accused that the decision of this court before the Court of Appeal is not an interlocutory decision, which is misconceived, is discountenanced.
“From the foregoing, the objection by the accused on his taking his plea is overruled. Accordingly accused shall take his plea.”
He stated that following the judge’s ruling, he was arraigned on the same day on the one-count charge filed by the EFCC.
He said after his arraignment, he applied for bail, and without an objection by the prosecuting lawyer, the judge allowed him to remain on the bail earlier granted him by the previous judge, Justice H. O. Eya.
Okonkwo argued in his petition that it was wrong for the trial judge to continue to conduct hearing in the case in view of the decision of the Supreme Court in the case of Mohammed v. Olawunmi (1993) 4 NWLR (Pt. 287) 254 at ratios: 4, 5 & 8 of the report.
He said the decision of the judge, which formed his complaint in the petition, “is a clear violation of the community reading of (Pt. 1!) and (Pt. Il) of the 1999 Constitution.”
The petitioner urged the NJC to determine “whether the High Court of Enugu State in suit No. E/298C/2019 on 26/2/2025 – EXHIBIT CP4, has jurisdiction to continue with hearing, more so, having become aware of the pendency of Appeal No. CA/E/4C/20215 and a Motion for stay of proceeding at the court below?”
In his supporting argument, Okonkwo contended among others, that the trial court ought not to have conducted any further proceedings as it did, because once an appeal was entered, an appeal is deemed to be pending.
He added: “The rule governing the control of proceedings during pendency of an appeal is that after an appeal has been entered and until it has been finally disposed of, the court shall be seized of the whole of the proceedings as between the parties thereto and except as may be otherwise provided in the rules.
“Thus, in pursuance to the statutory provisions in Order 4 rule 11(1) of the Court of Appeal Rules 2021, the trial court will have no competence or jurisdiction to decide on any application whether on notice or ex-parte in relation to an appeal which the trial Court has become functus officio.
“Therefore, the entire proceedings of the trial court in Suit No. E/298C/2019 dated 26th day of February, 2025 delivered under the hands of Hon. Justice E.N. Oluedo is null and void ab initio and of no legal consequence.”
He then prayed the CJN to order an investigation into his complaint against Justice Oluedo.
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