 has acknowledged receipt of a petition accusing Justice E.N. Oluedo of the Enugu State High Court of misconduct.){kind=link}
The National Judicial Council (NJC) has acknowledged receipt of a petition accusing Justice E.N. Oluedo of the Enugu State High Court of misconduct.
The petition, which was filed by Dr. Ifeanyichukwu Okonkwo, alleges that Justice Oluedo violated the Code of Conduct for Public Officers as outlined in the Nigerian Constitution’s Fifth Schedule.
In a letter dated April 17, 2025, the Chief Justice of Nigeria and NJC Chairman, Justice Kudirat M.O. Kekere-Ekun, informed Okonkwo that the matter is currently under review by the council.
Okonkwo had accused Justice Oluedo of continuing with proceedings in a case, Suit No. E/298C/2019, between the Federal Republic of Nigeria and himself, despite knowing that an appeal (Appeal No. CA/E/4C/2025) was pending in the Court of Appeal.
Okonkwo claimed this action violated judicial protocol and demonstrated bias.
The case began when Okonkwo, serving as the Liquidator for Ifemelunma and Company Nigeria Enterprises Limited, was arraigned by the Economic and Financial Crimes Commission (EFCC) before Justice Oluedo on February 26, 2025, on a charge of fraud.
Okonkwo, who pleaded not guilty, was allowed to continue on bail under conditions previously set by another judge.
Following the arraignment, Okonkwo issued a public statement questioning the EFCC’s competence in charging him under Section 6(b) of the EFCC Act, 2004.
The charge accused him of fraudulently converting N41 million meant for the family of the late Joel Ifemelunma Okoye.
Okonkwo challenged the EFCC’s authority and the jurisdiction of the High Court to prosecute him, citing several legal precedents and the fact that notices of the pending appeal and a motion for stay of proceedings had been served on both the EFCC and the court registrar.
In his petition to the NJC on April 10, 2025, Okonkwo accused Justice Oluedo of judicial impertinence for proceeding with the trial despite the appeal being pending.
He argued that the judge’s actions were a deliberate attempt to undermine the authority of the Court of Appeal.
The petition, titled “Petition Against His Lordship Hon. Justice E.N. Oluedo for an Act Bordering on Judicial Impertinence,” asserts that Justice Oluedo’s decision to continue the trial without waiting for the appellate court’s ruling violated legal principles and showed a disregard for the hierarchy of courts.
Justice Oluedo had overruled Okonkwo’s objection to the trial proceeding, citing the Enugu State Administration of Criminal Justice Law (ACJL) 2017, which does not automatically stay criminal proceedings during an interlocutory appeal.
However, Okonkwo argued that jurisdiction in criminal matters is derived from Section 272(1) of the Nigerian Constitution, not from procedural laws like the ACJL, and emphasized that the law allows for interlocutory appeals and stays of proceedings in criminal trials.
Okonkwo also accused the judge of failing to offer him a full opportunity to present his case and claimed that the trial lacked fairness and impartiality. He referenced several legal precedents, including Western Steel Works Ltd. v. Iron and Steel Workers Union (1986), and stressed that disregarding an appellate court’s authority undermines the rule of law.
The outcome of the NJC’s investigation into the matter could have significant implications for Justice Oluedo and the ongoing case, with Okonkwo stressing that any judicial misstep could result in irreversible injustice for innocent parties.