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May 7, 2025

Stop weaponising exparte orders, lawyer tells judges

Stop weaponising exparte orders, lawyer tells judges

By Luminous Jannamike

ABUJA – Human rights lawyer and activist Barr. Christopher Chidera has called for urgent sanctions against Appeal Court judges over the alleged misuse of ex parte orders to oppress Nigerians.

In a statement made available to journalists in Abuja on Tuesday, Chidera accused some judges of using these orders as tools for political manipulation and personal gain.

Chidera specifically demanded accountability for justices who upheld the contentious ex parte decree proscribing the Indigenous People of Biafra (IPOB), issued by the late Justice Abdul Kafarati.

He argued that if Justice Inyang Ekwo could face sanctions for misconduct, the Appeal Court justices who validated Kafarati’s order must also be held to the same standard.

“No one is above the law—not even those who wear judicial robes,” Chidera declared.

The lawyer described the frequent issuance of ex parte orders without notice to the opposing party as a ‘dangerous tool’ in the hands of some judges. He warned that such practices threaten the very foundation of justice, fairness, and the rule of law in Nigeria.

“The abuse of ex parte orders is not a mere procedural flaw; it is a systemic issue that allows some judges to undermine justice, silence dissent, and enable state-sponsored oppression,” Chidera stated.

Chidera commended the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, for her firm stance against the misuse of ex parte orders. He highlighted her zero-tolerance policy for corruption and her efforts to suspend erring judges, such as Justice Inyang Ekwo, as a step in the right direction.

However, he urged the National Judicial Council (NJC), under Justice Kekere-Ekun’s leadership, to intensify its efforts to discipline judges found guilty of misconduct and restore public confidence in the judiciary.

“I urge the National Judicial Council, under Justice Kekere-Ekun’s leadership, to intensify its efforts to discipline erring judges and restore public confidence in the courts,” Chidera said.

The lawyer also addressed the IPOB case, recounting how the late Justice Kafarati issued a proscription order against the group based on an ex parte decree, which he said contravened Nigeria’s Constitution.

Chidera referenced a 2017 ruling by Justice B.F.M. Nyako, which declared IPOB neither unlawful nor proscribed, emphasising that this judgment remains unappealed and binding.

“The case of the Indigenous People of Biafra (IPOB) and its leader, Mazi Nnamdi Kanu, exemplifies this travesty. Only an undiscerning individual would label IPOB a proscribed organisation based on a flimsy ex parte decree issued without proof of evidence, in blatant contravention of Nigeria’s Constitution,” Chidera stated.

Chidera called on Nigerian lawyers, citizens, civil society, the media, and the international legal community to join the fight against judicial misconduct. He stressed that the judiciary must be cleansed of those who treat ex parte orders as tools for personal or political gain.

“The judiciary must rise as the true last hope of the common man, not a platform for personal or political agendas,” he asserted.

Warning about the dangers of unregulated ex parte orders, Chidera said they create unfairness by denying the affected party the right to be heard. He emphasised that such orders risk transforming courts from bastions of justice into instruments of oppression, undermining the principles of equity and transparency.

“When judges issue ex parte orders without rigorous scrutiny or adherence to legal standards, they transform the courts from bastions of justice into instruments of oppression,” Chidera warned.