BREAKING: NJC Directs 36 Nigerian Heads Of Courts To Stop Abusive Case Transfers After Mike Igini’s Petition Against Edo Chief Judge

The Chief Justice of Nigeria, Justice Kudirat M. O. Kekere-Ekun, has issued a sweeping directive to all Heads of Courts in Nigeria, barring the transfer of cases that have reached advanced stages or have been adjourned for judgment.

This move follows a successful petition by former Akwa Ibom State Resident Electoral Commissioner (REC), Mike Igini, against the Chief Judge of Edo State, Justice Daniel Okungbowa, over what the National Judicial Council (NJC) described as an abuse of judicial discretion in a long-running defamation case.

Background: Igini's N5 Billion Defamation Suit

In 2020, Igini filed a defamation suit against retired Colonel David Imuse, former Chairman of the All Progressives Congress (APC) in Edo State, following public allegations made by Imuse during a press conference on the eve of the Edo governorship election.

Imuse had claimed that Igini, then REC for Akwa Ibom State, was seen leaving Governor Godwin Obaseki’s residence at 3:00 a.m. with a bag allegedly filled with cash to influence the election outcome. Igini demanded a retraction and apology, which Imuse refused to provide.

Consequently, Igini filed Suit No. B1/555/2020 at the Edo State High Court, joining The Sun Newspapers and African Newspapers of Nigeria Plc (Tribune) as co-defendants. The case progressed significantly before Justice V.O. Eboreime, with Igini and the other two defendants having closed their cases. Only Imuse had yet to present his defence.

Controversial Reassignment and Petition to NJC

However, the Chief Judge of Edo State reassigned the case to another judge to begin de novo, despite its advanced stage.

Igini, dissatisfied with the move, petitioned the NJC on November 5, 2024. In his petition, Igini highlighted delays by Imuse in filing his defence and described how the reassignment would unfairly benefit the first defendant while causing hardship to the other parties.

The NJC found merit in Igini’s petition and ruled in his favour, ordering the case to be returned to Justice Eboreime to continue from where it stopped. The NJC also issued a caution to the Chief Judge of Edo State, warning him against such discretionary misuse in future matters.

New NJC Policy Guidelines on Case Transfers

At its 108th meeting held on April 30, 2025, the NJC considered multiple petitions involving similar issues across the country. The Council noted the trend of judges transferring cases mid-trial, resulting in de novo proceedings that disadvantage litigants and jeopardise the integrity of evidence.

The new guidelines issued to all Heads of Courts, signed by Justice Kekere-Ekun, directed that cases that have reached an advanced stage or are adjourned for judgment must not be transferred, regardless of petitions or complaints from any party.

The CJN also directed that judges transferred to new jurisdictions will no longer need to obtain a fiat to deliver judgments in already-heard matters.

Kekere-Ekun said that petitions against judicial officers will no longer automatically halt proceedings. Instead, each case will be assessed on its own merit by the respective Head of Court.

The circular urges all Heads of Courts to circulate the guidelines to all judicial officers within their jurisdictions to promote fairness, efficiency, and confidence in the justice system.

It said, “Henceforth, matters that have reached an advanced stage or have been adjourned for judgment should not be transferred, irrespective of complaint by any of the parties.

“Whenever a Judicial Officer is on transfer, he should not be required to obtain a Fiat before delivering a pending judgment. Such a case should proceed automatically.

“Council also observed that once a petition was written against a Judicial Officer, he automatically stopped further hearing of the matter, until Council finally considered the petition. Council noted that it is not in all cases that a Judge will stop hearing a matter as a result of a petition against him. Accordingly, such matters should be assessed by all Heads of Courts and treated on a case-by-case basis.

“All Heads of Courts are advised to bring the contents of this Circular to the attention of all Judicial officers in their jurisdiction, please.”