By Uket Oka
The National Judicial Council (NJC), has acknowledged receipt of a petition against Bassey T. Ebuta, Justice of the Cross River State High Court for alleged misconduct. In its acknowledgment letter dated April 10, 2025 with Reference No. NJC/S.4/ANA.HC/7/11/24 and signed by the Chief Justice of Nigeria and Chairman of NJC, Kudirat M. O. Kekere-Ekun, the NJC confirmed that “it is taken action on the petition, which accuses the judge of abuse of office conduct unbecoming of a judicial officer.”
This is coming soon after the NJC disciplined some judges in the country, including, Jane E. Inyang, Justice of the Court of Appeal, Uyo Division; Inyang Ekwo, Justice of the Federal High Court, Abuja Division, and Aminu Baffa Aliyu, Justice of the Federal High Court in Zamfara State as well as directing the Governor of Imo State, Hope Uzodimma, to reverse the appointment of the acting Chief Judge of the State, Theophilus Nnamdi Nzeukwu. The decisions, among others, were taken by the Council at the end of its 108th meeting held on April 29 and 30, 2025.
In a letter with Reference No: NJC/S.4/ANA.HC/7/11/24, Kekere-Ekun, had informed the petitioner and Clan head of Nkonib Ikot Ansa Qua Clan, in Calabar Municipality of Cross River State, Ntoe Paul Assim Ita, that the matter is under review. Ita had accused Justice Ebuta of misconduct in handling Suit No. HC/86/2024 between Ntoe Lawrence Nyong Akiba, Maurice Omin Iso and Donatus Etim for and on behalf of Nkonib Ikot Ansa Qua Clan as claimants and the Governor of Cross River State of Nigeria, the Attorney -General and Commissioner for Justic, Cross River State, Commissioner for Lands, Cross River State and Ntoe Paul Assim Ita as Defendants.
In the petition dated March 14, 2024 and titled, “Complaint of misconduct, abuse of office and conduct unbecoming of a judicial officer against Hon. Justice B T. Ebuta of the High Court of Cross River State of Nigeria,” Ita also alleged that, “Justice Ebuta had earlier declined to set aside the consent judgement in Suit No. HC/147/2022 on the grounds that he had previously heard the matter as stated in record of proceedings of 27/6/2022, but expressed surprised that the same Justice Ebuta refused to rescus himself in a case with Suit No. HC/86/2024 when it was assigned to him by Honourable Chief Judge. “It was consequent upon the refusal of Hon. Justice B. T. Ebuta to rescues himself from hearing HC/86/2024 that prompted me to apply in writing for the transfer of the case to any other court for a fair and unbiased determination,” he said.
Ita further alleged that, “In the application for transfer, I had alleged that Suit No.HC/86/2024 was filled on the advice of Hon. Justice B. T Ebuta, I equally alleged that Hon. B. T. Ebuta was the tenant to one of the Claimants, who had gifted several plots of land to His Lordship in the area in dispute in Suit No: HC/86/2024. The gift of the land was for the role Hon. Justice Ebuta played in the consent judgment in Suit No. HC/314/2021. The same judgment he was assigned to interpret in Suit No. HC/86/2024. “I had also known that because of His Lordship’s personal interest in the subject matter, that I was never going to be given a fair trial. “The Lordship blunt refusal to rescus himself despite my lawyer’s oral application and my strong worded application for transfer which I duly copied him was self-motivated. “My application for transfer was met with a stiff resistance from both the presiding judge and the Claimants who on 24/7/2024 wrote a letter opposing our application for transfer. “Expectedly, Hon. Justice B. T. Ebuta sat on the appeal over his judgement, interpreted the same judgment in favour of his benefactors and handed over the entrie community land to the Claimant and himself. Besides, The Lordship proceeded to nullify leases, survey plans, layouts plans and other publications not connected with the consent judgment before him,” the Clan Head added.
He appealed to The Chief Justice of Nigeria and NJC Chairman, Justice Kekere-Ekun, “to use her good office to ensure that the right thing is done,” adding that, “I am convinced that if Hon. Justice B. T. Ebuta had no personal interest in the matter, he would have recused himself from the matter without much prompting.”