HURIWA calls for immediate halt of high court proceedings in Niger land dispute, faults NBA Minna chair

The Human Rights Writers Association of Nigeria (HURIWA) has called for the urgent intervention of the National Judicial Council (NJC) and the Chief Justice of Nigeria over what it claimed as a clear breach of judicial ethics and hierarchy in Niger State, where Justice Bilkisu Yusuf of the Niger State High Court is allegedly set to deliver judgment in a matter that is already under consideration by the Court of Appeal.

In a strongly worded statement issued by the National Coordinator, Comrade Emmanuel Onwubiko, on Sunday, HURIWA expressed shock and deep concern that despite the existence of a valid appeal—Appeal No. CA/ABJ/PRE/ROA/CV/1392MI/2024—Justice Yusuf has continued to preside over proceedings in Suit No. NSHC/MN/247/2014.

The rights group cited the official Court of Appeal record dated January 22, 2025, which confirms that the appellate court has commenced sittings on the matter.

According to the statement, the appellants, Foundation Mira Ltd & Anor, are challenging Justice Yusuf’s refusal to recuse herself and the handling of a protracted land dispute between them and Homefront Consultants Ltd & 6 others. The case involves a multi-billion naira shopping mall built on land for which the defendants reportedly possess a valid Certificate of Occupancy issued over 30 years ago, with no revocation to date.

“Justice Bilkisu Yusuf’s refusal to stay proceedings in deference to the Court of Appeal constitutes a brazen violation of established judicial norms,” HURIWA stated. “The principle of judicial hierarchy is unambiguous—once a matter has been elevated to a higher court and is being actively heard, the lower court must arrest judgment and suspend further action.”

HURIWA described as deeply troubling reports that Justice Yusuf intends to deliver judgment on Monday, May 5, 2025, notwithstanding the fact that the appeal remains active.

“Such indiscretion, if carried out, would amount to contempt of the appellate process and a dangerous subversion of Nigeria’s legal order,” Onwubiko said.

The association also took issue with the Chairman of the Nigerian Bar Association (NBA), Minna Branch for what it  alleged as a  “partisan endorsement” of  continued adjudication of a sub judice matter.

HURIWA, said the NBA chair had in a statement dated May 3, 2025 dismissed civil society concerns as “media trial” and defended the judge’s actions as consistent with judicial integrity.

“This amounts to an affront not only to judicial decorum but also to the very rule of law the NBA claims to protect,” HURIWA said.

HURIWA reminded all judicial officers that the National Judicial Council (NJC) has recently sanctioned several judges for acting in defiance of superior courts and violating judicial codes of conduct. The group urged Justice Yusuf to take heed and immediately halt all proceedings in the matter until the appellate court delivers its decision.

“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 that is already under appellate review would be a grievous misjudgment,” HURIWA warned.

The rights group further questioned the credibility of the judicial process in the land dispute, noting that the defendants had reportedly faced repeated obstruction in calling witnesses, prompting them to request Justice Yusuf’s recusal—a request the judge summarily denied. This prompted the defendants to seek redress at the Court of Appeal.

Reiterating its commitment to judicial independence, HURIWA clarified that it is not attacking the person of any judge but defending the integrity of Nigeria’s judicial system. “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,” Onwubiko said.

HURIWA therefore called on the Chief Judge of Niger State to immediately reassign Suit No. NSHC/MN/247/2014 to another judge and urged the Chief Justice of Nigeria, whose leadership has been widely praised for restoring public confidence in the judiciary, to intervene and ensure that the Court of Appeal’s authority is not undermined.

“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,” the group concluded.

HURIWA warned that should the judiciary fail to act swiftly, it would not hesitate to mobilize for peaceful protests across key institutions, including the NJC Secretariat and the Supreme Court, to demand accountability and protect the sanctity of the justice system.

“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 emphasized.