A Judge of the Enugu State High Court, Justice E. N Oluedo has been dragged to the National Judicial Council, NJC, for probe over alleged judicial misconduct said to have been committed in the course of his judicial duties.

NJC which has commenced action in a petition against the Judge is to determine whether he actually violated the Code of Conduct for public officers, contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria as alleged by the petitioner.

The petitioner, Dr Ifeanyichukwu Okonkwo, filed the complaint against Justice Oluedo accusing him of misconducting himself while conducting a proceeding in a suit with No. E/298C/2019, between the Federal Republic of Nigeria and himself.

Okonkwo who claimed to be validly appointed Liquidator of Ifemelunma and Company Nigeria Enterprises Limited, complained that Justice Oluedo assumed jurisdiction in a charge against him despite becoming aware of Appeal No. CA/E/4C/2025 at the Court of Appeal, between him and the Federal Government in respect of the same subject matter and parties.

The Economic and Financial Crimes Commission (EFCC) had on February 26, 2025
arraigned Okonkwo before Justice Oluedo on a one-count charge, bordering on alleged fraud.

He pleaded not guilty to the charge and was allowed to enjoy the bail conditions earlier granted him by another judge.

He, however, later issued a press statement, lambasting EFCC and challenging the competence of the charge against him especially the connection between Section 6(b) of the EFCC Act, 2004 and the one-count charge filed against him by the commission, to wit:

“That you, Ifeanyichukwu Okonkwo on or about the 23rd day of November 2015 in Enugu within the jurisdiction of this Honourable Court, fraudulently converted to your own use the sum of N41 million, being money received by you from one Onyishi Maduka Samuel for the family of Late Joel Ifemelunma Okoye.”

Citing Section 211 (1) of the Nigerian Constitution and five Supreme Court decisions, he challenged the competence of the EFCC and the Jurisdiction of the High Court of Enugu State to try the case.

Prior to his arraignment on February 26, 2025, Okonkwo claimed that he had informed the court of a pending appeal against the decision of the court and a motion for stay of proceedings on the matter entered at the Court of Appeal as CA/E/4C/2025, which had been duly served on EFCC and the court registrar, but the court declined and ruled that he must take his plea.

Angered by his arraignment by the Judge, Okonkwo in his petition to the NJC requested that the Judge be investigated on ground of misconduct by assuming jurisdiction despite pending appeal at the Court of Appeal on the same subject matter.

His petition dated April 10, 2025 and filed through the Office of the Secretary of the NJC, was titled, “Petition against His Lordship Hon. Justice E.N. Oluedo-Judicial Officer under The High Court of Enugu State of Nigeria, for an Act, which borders on Judicial Impertinence, an affront to the authority of the Court of Appeal in Suit No. E/298C/2019, now pending and duly entered as Appeal No.CA/E/4C/2025.”

In a reply to the petitioner dated April 17, 2025, with Reference No. NJC/S.14/HC.EN/25/III/112, the Chief Justice of Nigeria (CJN) and Chairman of NJC, Hon. Justice Kudirat M.O. Kekere-Ekun acknowledged the receipt of the petition and informed him that action was being taken.

Meanwhile, a copy of the petition sighted by our reporter highlighted the facts upon which the allegation of misconduct against Hon. Justice Oluedo by the petitioner was made.

Among others, Okonkwo fumed that the Judge conducted his arraignment on the EFCC fraud charge despite becoming aware of appeal at the Court of Appeal, between him and the Federal Government.

Okonkwo claimed he made the pending appeal known to Justice Oluedo when the matter was called up in her court on February 26, 2025 and prayed the high court in line with the hierarchy of courts, to stay the matter pending the outcome of proceedings at the Court of Appeal, Enugu.

The aggrieved petitioner claimed that the Judge after considering the submissions for and against the request to stay proceedings in the EFCC charge overruled him and ordered him to take his plea which he did.

Okonkwo therefore maintained in his petition to the NJC that the Enugu State High Court has no jurisdiction to continue with the proceeding in the charge brought against him by the EFCC, having become aware of appeal No. CA/E/4C/2025 and a motion for stay of prosecution at the Court below.

“It is a highly esteemed principle of Law that as enshrined in the Nigerian Constitution, that in the administration of criminal justice, parties to a legal duel must each be accorded every opportunity of canvassing its case to the best of its ability, within the rules regulating the procedure to achieve the end of justice.

“In the present case, the trial court failed in its duty when despite its being notified of the pendency of a stay of proceedings at the Court of Appeal, it refused the application for adjournment and proceeded to arraign the complainant, painting a picture of the judge descending into the arena of litigation.”

He described the ruling by Justice Oluedo dated 26/2/2025, marked as Exhibit CP4 as a flagrant disobedience of the Supreme Court decision in the case of Western Steel Works Limited versus Iron and Steel Workers Union (1986).

At the time of this report, it could not be ascertained whether Justice Oluedo had filed defense to the petition as he could not be reached but the Chief Justice of Nigeria (CJN) as NJC Chairman confirmed receipt of the petition and commencement of action on it.