A federal high court in Abuja has thrown out a lawsuit that sought to block the consideration of Chukwuemeka Tony Ubani, director of enforcement at the FCT High Court, for appointment as a judge.
Justice Inyang Ekwo dismissed the suit on Thursday after Akinlolu Kehinde, senior advocate of Nigeria (SAN) and counsel to the defendants, told the court that Bizplus Consulting Services Ltd, the plaintiff, had filed a notice of discontinuance. Kehinde pushed for the suit to be dismissed with costs, arguing that both parties had already joined issues in the matter.
Background of the Legal Challenge
The case, filed under suit number FHC/ABJ/CS/2174/2026, had sought to restrain the FCT Judicial Service Committee and the National Judicial Council (NJC) from screening, shortlisting, evaluating or recommending Ubani for judicial appointment until the case was fully determined.
Bizplus said its action stemmed from how Ubani handled an attempt to enforce a judgement debt owed by the Benue State Government through funds held at United Bank for Africa (UBA) Plc.
Allegations in the Affidavit
In an affidavit filed in support of its application, the company said it held judgement creditor status in a separate case involving the Benue State Government, in which the FCT High Court issued a garnishee order absolute on December 4, 2025.
Bizplus alleged that Ubani, acting in his capacity as director of enforcement, wrote a letter on May 4, 2026, requesting police support to carry out the judgement. The enforcement operation was later suspended on September 4 after UBA objected, citing an interpretation of a Court of Appeal order directing all parties to maintain the status quo.
The company further alleged that Ubani afterwards denied authorising the enforcement operation, even though his written request for police assistance remained on record.
Petition to the NJC and Outcome
On the basis of these allegations, Bizplus said it filed a petition with the FCT Judicial Service Committee and the NJC, arguing that the claims against Ubani should be properly investigated before his candidacy for judicial appointment advanced any further. The company then approached the federal high court to halt the screening process and suspend any steps already taken towards his appointment.
The dismissal of the suit means the selection process for Ubani's possible appointment as a judge can continue without any court-imposed restrictions.
