The National Judicial Council (NJC) has launched an investigation into a petition submitted by human rights activist, Ighorhiohwunu Aghogho, on the alleged unlawful execution of judgment by the Vigilante Group of Nigeria (VGN), Abraka Unit in Delta State.
The petition, dated October 1, 2024, alleged unethical and unprofessional conduct by Justice C.N. Ojugbana-Orishedere, President of the Delta State Customary Court of Appeal.
Specifically, Aghogho’s petition claimed that Justice Ojugbana-Orishedere’s office supervised the execution of a judgment dated December 4, 2019, in Suit No: UNACC/384T/18, by members of the Vigilante Group of Nigeria (VGN) Abraka unit.
The execution allegedly occurred despite Aghogho’s filing of a valid Notice of Appeal on January 29, 2020, and fulfilling the conditions of appeal.
Furthermore, the petition alleged that Justice Ojugbana-Orishedere refused to direct the Registrar of the Ughelli North Area Customary Court to compile the record of proceedings despite a written petition in this regard, which is a necessary step in the appeal process.
The petition was acknowledged by Hon Justice Kudurat M.O. Kekere-Ekun, CFR, Chief Justice of Nigeria and Chairman of the National Judicial Council.
In her response, Justice Kekere-Ekun stated that the council is unable to review its decision on paragraphs ‘A’ and ‘B’ of the petition.
However, she noted that action is being taken on Aghogho’s submission in paragraph ‘C’. This development suggests that the NJC is taking the petition seriously and is committed to investigating the allegations.
The Vigilante Group of Nigeria (VGN), which is a civil defense organization, was established to complement the efforts of security agencies in maintaining law and order.
However, in the case, the group’s involvement in the execution of the judgment has raised concerns about the misuse of power and the undermining of the judicial process.
Aghogho maintained that errors were committed during the execution of the judgement, noting, “The Delta State Customary Court shall, as matter of course and without the need for the appellant (petitioner) showing any ‘special circumstances’ justifying an order for stay of execution of its judgement, order a stay of execution, once the appellant complies with the conditions of appeal in line with Order XIX Rule 3(2) of the Delta State Customary Court Rules 2019.”
According to him, “Members of the VGN Erho-Abraka unit were unauthorized persons not mentioned or mandated in the unlawful order dated May 20, 2020. They initiated the wrongful and unlawful execution dated May 22, 2020.
“The forceful taking over of the petitioner’s properties, worth over N100 million and the trespassing on the premises at No. 1 Ogefere Street, Erho-Abraka by VGN members on May 22, 2020, is considered criminal and unlawful.”
He added, “The Notice of Appeal remained valid from January 29, 2020, and July 8, 2020, when the High Court of Justice Warri declared it properly filed and served. This precedes the unlawful execution dated May 22, 2020.
“Members of the VGN Erho-Abraka unit were unauthorized persons not mentioned or mandated in the unlawful order dated May 20, 2020. They initiated the wrongful and unlawful execution dated May 22, 2020.”
Aghogho cited Section 36 of the 1999 Constitution, which guarantees the right to fair hearing, emphasizing the importance of fairness, impartiality, and transparency in the judicial process.
He specifically requested an inquiry into Justice Ojugbana-Orishedere’s office supervision of the execution of the judgment dated December 4, 2019, in Suit No: UNACC/384T/18, by members of the Vigilante Group of Nigeria (VGN) Abraka Unit and refusing to correct same despite receiving petition on the matter is unprofessional.
The Justice Ojugbana-Orishedere’s alleged failure to direct the Chairman, Ughelli North Area Customary Court to compile the record of proceedings, notwithstanding that the petitioner filed a valid notice of appeal on January 29, 2020 which predates the date of execution and fulfilment of the conditions of appeal accordingly is unethical.
Aghogho said he believes that the allegations warrant a thorough investigation to ensure the integrity and impartiality of the judiciary.
He said, “Justice Ojugbana-Orishedere’s actions, as reported, may undermine the public’s trust in the judicial system.
“As the President of the Delta State Customary Court of Appeal, Justice Ojugbana-Orishedere is expected to uphold the highest standards of ethics and professionalism. The Petitioner urge My lord to take prompt action and investigate these serious allegations.
“The right to fair hearing is guaranteed by Section 36 of the 1999 Constitution. It ensures justice and equality in civil and criminal cases. The Supreme Court emphasizes fairness to all parties.
“This right guarantees access to courts, imposes fairness and impartiality, applies to various proceedings, and ensures public trials. Salvaging the integrity of the nation’s judiciary, requires swift and decisive action.
“It demands transparency, accountability, and unwavering commitment to justice.
“We must fortify the pillars of our judicial system, ensuring impartiality, independence, and the unyielding pursuit of truth.
“Only then can we restore public trust, uphold the rule of law, and safeguard the sacred principles of justice.”
He stressed that the investigation by the NJC is a significant step towards ensuring that justice is served and that the integrity of the judiciary is maintained.
According to Aghogho, as the NJC considers this petition, the nation’s attention is drawn to the importance of upholding the principles of justice, integrity, and accountability within the judiciary.