Group Accuses Decide of Misconduct, Petitions NJC
The Coalition in Defence of Nigerian Democracy and Structure has written a petition to the Nationwide Judicial Council accusing a Federal Excessive Courtroom Decide, Justice Ahmed Mohammed, of misconduct.
The petition, titled, ‘Re: Go well with No FHC/ABJ/CS/1384/2020 Grievance of Judicial Misconduct In opposition to Hon Justice A.R Mohammed’ was submitted on the NJC on November 16, 2020.
Within the petition, which was signed by its Convener, Ariyo Dare-Atoye, the CDNDC stated the choose erred by granting a movement ex parte to the Central Financial institution of Nigeria to freeze the accounts of 20 #EndSARS campaigners for 90 days when he must know that the order exceeded the utmost interval a court docket of legislation can permit pursuant to Order 26 Rule 10 of the foundations of the court docket.
The petition learn partially, “We write to convey to your discover (and to request to your investigation) what appears to us a obvious case of grievous judicial misbehaviour by Justice A. R Mohammed of the Federal Excessive Courtroom Abuja.
“As you’d already know, on October 20, 2020 the Governor of the Central Financial institution of Nigeria, the plaintiff within the above referenced go well with the CBN allegedly took out a movement ex parte on the Federal Excessive Courtroom Abuja towards Gatefield Firm Ltd and 19 different residents of Nigeria. Within the now well-publicised utility, the CBN sought an order of interim injunction.”
The group stated the defendants had but to be served with any originating processes within the go well with and it’s uncertain whether or not the CBN had actually commenced a substantive go well with towards the defendants earlier than or after the stated ex parte utility and consequent orders.
It stated, nevertheless, Justice Mohammed proceeded to grant a compulsory order of interim injunction empowering the CBN to direct banks to freeze all transactions in 20 financial institution accounts belonging to Gatefield Firm LTD and 19 others for a interval of 90 days.
The petition additional learn, “We consider that, in issuing these deeply regarding orders, the Honourable Justice A.R. Mohammed violated his judicial oath and, in our view, ridiculed, devalued, and imperilled the Nigerian system of justice earlier than a watching world. Our causes are set out under.
“First, we’re shocked that His Lordship, Justice A. R Mohammed granted the above ex parte order within the absence of compelling proof that it must be granted. The actual fact-free affidavit in assist of the ex parte utility woefully failed to attach the defendants to any investigations or crimes necessitating the appliance or its grant.
“In issuing this doubtful order, His Lordship poked fingers on the Supreme Courtroom of Nigeria and violated long-standing apex court docket’s pointers persistently admonishing towards the abuse of ex parte orders by judges and litigants.”
The group stated the motion of the presiding choose, in granting the questionable order, had referred to as into query the integrity of the nation’s justice system.
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