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The Human Rights Writers Association of Nigeria (HURIWA) has urged the National Judicial Council (NJC) and the Chief Justice of Nigeria to intervene immediately in what it calls a violation of judicial hierarchy in Niger State. The group condemned reports that Justice Bilkisu Yusuf of the Niger State High Court plans to deliver judgment in a land dispute despite an active appeal on the same matter at the Court of Appeal.

In a statement signed by its National Coordinator, Comrade Emmanuel Onwubiko, HURIWA decried what it described as an “alarming disregard” for judicial ethics. “Justice Bilkisu Yusuf’s refusal to stay proceedings in deference to the Court of Appeal constitutes a brazen violation of established judicial norms,” the group warned.

According to HURIWA, a record from the Court of Appeal dated January 22, 2025, confirms that the appeal—Appeal No. CA/ABJ/PRE/ROA/CV/1392MI/2024—is already being heard. The appeal, filed by Foundation Mira Ltd & Anor, challenges Justice Yusuf’s refusal to recuse herself from adjudicating a longstanding land dispute (Suit No. NSHC/MN/247/2014) against Homefront Consultants Ltd & six others. The dispute centers on land occupied by a multi-billion naira shopping mall, reportedly backed by a Certificate of Occupancy issued over three decades ago without revocation.

“Once a case has ascended to a higher court and is under review, the lower court must halt all proceedings. This is an unambiguous principle of judicial hierarchy,” HURIWA emphasized.

HURIWA expressed particular concern over reports that Justice Yusuf intends to deliver judgment on Monday, May 5, 2025, despite the ongoing appeal. “Such indiscretion, if carried out, would amount to contempt of the appellate process and a dangerous subversion of Nigeria’s legal order,” Onwubiko cautioned.

The group also criticized the Chairman of the Nigerian Bar Association (NBA), Minna Branch, Isyaku Barau Esq., for what it labeled a “reckless and partisan endorsement” of Justice Yusuf’s actions. The NBA Minna Branch had issued a statement on May 3, 2025, dismissing civil society concerns as a “media trial” and defending the judge’s conduct as aligned with judicial integrity.

“Rather than uphold the sanctity of appellate authority and defend due process, the NBA Minna Chairman has chosen to shield a lower court judge who is actively undermining the Court of Appeal,” HURIWA declared. “This amounts to an affront not only to judicial decorum but also to the very rule of law the NBA claims to protect.”

HURIWA urged all judicial officers to take note of recent disciplinary actions by the NJC against judges who defied higher courts or violated ethical codes. “Justice Yusuf must be reminded that the NJC has not hesitated to crack down on judges who flout ethical and procedural standards. To go ahead and issue a judgment on a case already under appellate review would be a grievous misjudgment,” the group warned.

Highlighting alleged procedural irregularities, HURIWA noted that the defendants had faced obstacles in calling witnesses, prompting them to request Justice Yusuf’s recusal—a request that was denied. This, the group explained, compelled the parties to escalate the matter to the Court of Appeal.

“This is a textbook case of procedural bias and judicial highhandedness,” HURIWA asserted. “The trial judge’s refusal to recuse herself and her insistence on proceeding despite an active appeal raises serious questions about fairness, impartiality, and respect for the rule of law.”

The association clarified that its advocacy is not an attack on any individual judge but a defense of institutional integrity. “Our call is rooted in the need to preserve institutional trust. Judicial officers must be accountable, and lower courts must not arrogate to themselves powers they do not possess,” it stated.

HURIWA called on the Chief Judge of Niger State to reassign the case to another judge and urged the Chief Justice of Nigeria to act to prevent any undermining of the Court of Appeal’s authority.

“If this situation is allowed to stand, it would set a dangerous precedent where trial courts feel emboldened to ignore appellate proceedings. That is the beginning of legal anarchy,” HURIWA warned.

The group added that failure to address the issue could trigger peaceful protests targeting key judicial institutions, including the NJC Secretariat and the Supreme Court, to demand accountability and protect the sanctity of the judiciary.

“This is not just about one case or one judge. It is about the future of Nigeria’s judiciary and the faith of millions who depend on it for justice,” Onwubiko concluded.

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