Ifeanyi Ubah: YPP drags judge to NJC, alleges misconduct

Sunday Aborisade, Abuja

The party wrote, “It is with sadness and heaviness of heart that we present this request arising from the manner in which My Lord, the Honourable Justice Bello Kawu of the Kubwa Division of the F.C.T. High Court conspired with some counsel now standing trial before the Federal High Court, Abuja Division to falsify court processes, record of proceedings and record to produce a judgment he purportedly delivered on the 11th of April, 2019.

The Young Progressives Party on Wednesday submitted a petition to the National Judicial Council against Justice Bello Kawu of the High Court of the Federal Capital Territory High Court, Abuja, accusing the judge of committing acts of gross misconduct in a case involving Senator Ifeanyi Ubah.

Ubah is the only elected member of the YPP in the 2019 general elections.

The YPP, in a March 16, 2020 letter by its National Secretary, Vidiyeno Bamaiyi, drew attention of the Chief Justice of Nigeria and Chairman of the NJC to Suit No. CV/3044/2018, filed by Anani Anacletus to challenge Ubah’s election.

It alleged that Justice Kawu engaged in gross misconduct in determining the said case against Ubah despite that all documents used throughout the court process were forged.

The petitioner claimed that Justice Kawu’s conduct was “unbecoming of a judicial officer and has brought shame and disgrace to the judiciary.”

The YPP said it saw it as a duty to bring to the attention of the NJC Justice Kawu’s conduct, which it claimed had “brought odium and shame to the judiciary.”

The party wrote, “It is with sadness and heaviness of heart that we present this request arising from the manner in which My Lord, the Honourable Justice Bello Kawu of the Kubwa Division of the F.C.T. High Court conspired with some counsel now standing trial before the Federal High Court, Abuja Division to falsify court processes, record of proceedings and record to produce a judgment he purportedly delivered on the 11th of April, 2019.

“On the April 11, 2019, Hon. Justice Kawo purportedly delivered judgment in Suit No: FCT/HC/CV/3044/2018 dismissing the claimant’s reliefs but surprisingly granted the reliefs sought by the said Obinna Uzoh in his final written address even though Obinna Uzoh upon his joinder did not file a counter-claim or a cross-claim as a respondent seeking the reliefs purportedly granted to him by Hon. Justice Kawu.

“We only became aware of the judgment in October 2019 when Obinna Uzoh sought to enforce the judgment he purportedly obtained on April 11, 2019 after a period of over six months from the date the said judgment was purportedly delivered.

“Senator Ifeanyi Ubah instructed his legal team led by Dr. Onyechi Ikpeazu (SAN) to bring an application before the court to set aside its judgment that was delivered without jurisdiction and in breach of the parties right to fair hearing. On January 17, 2020, the trial court dismissed the application.

“That consequent upon the dismissal of the motion to set aside the judgment in Suit No: FCT/HC/CV/3044/2018, Senator Ifeanyi Ubah filed on January 20, 2020 a notice of appeal.”

On how the alleged forgery of documents was discovered, the petitioner stated, “That Dr. Onyechi Ikpeazu (SAN) while preparing the appellant’s reply brief realised that the originating summons in the record of appeal was not signed by any counsel as required by law, consequent upon which a motion was filed on March 3, 2020 praying the Court of Appeal to strike out the originating summons as being incompetent and to dismiss the appeal.”

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