JUWON to petition NJC over conflicting orders by Osun judges

From Lateef Dada, Osogbo

The Judiciary Watch of Nigeria (JUWON) has vowed to petition three judges of the Osun State High Court to the National Judicial Council (NJC) over conflicting and legally untenable orders allegedly issued to frustrate a 1997 judgment.

JUWON cited Suit No. HOS/71/93 (Hephzibah Holdings Ltd v. Madam Sinatu Adeoye & 4 Others), in which Justice R.O. Yusuf, then Acting Chief Judge, delivered a final judgment on February 25, 1997. The group alleged that the three judges, whose names were withheld, entertained applications from agents of the judgment debtor and issued orders aimed at undermining the execution of the 28-year-old judgment, rather than directing the aggrieved parties to seek proper appellate relief.

JUWON argued that once a court delivers a final judgment, it becomes functus officio (lacking further judicial authority) and cannot revisit the substance of the case. It added that obstructing enforcement amounts to a miscarriage of justice.

Before the dispute escalated, the High Court had granted leave to substitute the judgment creditor and authorised execution, including issuing a warrant of possession.

Counsel to the judgment creditor, Lekan Alabi, later approached the court in Suit No. HOS/M.206/2024 for administrative approval to enforce the judgment.

Although the Chief Bailiff submitted an execution report on April 30, 2025, JUWON alleged that subsequent orders by the affected judges blocked the creditor’s possession of the land.

According to JUWON, the situation emboldened the judgment debtor’s agents to harass and orchestrate the arrest of Alabi and the lawful attorney, Najeem Popoola, utilising personnel from the police, military, and civil defence.

In a statement by Michael James, JUWON noted it had monitored the judges for a year and is now presenting its findings to the NJC.

It warned that such conflicting pronouncements erode public confidence in the rule of law.