….Says judge overreached his bounds, seeks sanction
A civil society group, Africa Centre for Good Governance and Corruption Free Communities has called on the National Judicial Council, NJC, to, probe a judge of the High Court of the Federal Capital Territory, Justice Othman Usman.
The group, in a statement wondered why the judge overreached his bounds by issuing an order to seal up a property in Lagos, while sitting as a judge in Abuja.
Convener of the group, Comrade Temitope Olubunmi Joseph, called for thorough probe and possible sanction if found wanting.
The group said it had watched with keen. Interest, proceedings in a property dispute located in Lagos State before the Abuja court.
He said, “We have watched with keen interest proceedings in Suit No. FCT/HC/CV/4636/2025, a case for the enforcement of Fundamental Rights instituted by Mr. Henry Ugonna Orabuchi Vs Nigeria Police Force and Others.
“Ordinarily, we, as an organisation and stakeholder in the Nigeria project are not supposed to dabble into the matter because it is before a competent court of law and may amount to subjudice but we feel a responsibility is placed on us to draw the attention of the leadership of the judiciary, particularly, the Chief Justice of Nigeria, Honourable Justice Kudirat Kelere-Ekun and the National Judicil Council, NJC, to events and occurrence that are not going on well in our courts, particularly, when the courts are being used to take away the rights of ordinary Nigerians”.
According to him, the plaintiff in the matter, Mr. Orabuchi is seeking an enforcement of his fundamental rights and asking the court to stop the Nigeria Police from inviting, harassing and intimidating him over a property dispute in Lagos State.
He said the disputed property is located at the back of Plot No A Block 12, Lekki Peninsula Scheme, Lagos State
Mr. Orabuchi had approached a High Court of Justice of the Federal Capital Territory, through fundamental rights enforcement suit, seeking an order to stop the police from inviting, harassing and intimidating him.
Comrade Joseph said, “Mr. Elvis Emecheta, a Lagos businessman and owner of the disputed property reported the unlawful activities of Mr. Orabuchi, who resorted to self help by forcefully occupying the property and destroying parts of it.
“Mr. Orabuchi was invited by the police to state his own side of the story, rather than honour police invitation, he ran to the FCT High court to stop the police from doing their job by inviting him. In the suit, Mr. Orabuchi had alleged that his fundamental Rights as guaranteed under Sections 34, 35, 36, 37, 41, and 44 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Articles 9 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, have been breached.
“He claimed that he purchased 3,000 square meters of reclaimed land at the back of the above address from the Landlord, Mr. Emecheta Elvis Eze, which has nothing to do with the premises where the affected business entities are located.
Mr. Orabuchi filed the suit to shield him from honouring invitation of the Nigeria Police Force, following a Petition against him by Mr. Emecheta, alleging conduct that amounts to criminal trespass, damage to property and threat to life.
“Mr. Orabuchi, in the fundamental rights enforcement suit filed by his Counsel, Chikaosolu Ojukwu, SAN, said the police invitation infringes on his fundamental rights and is aimed at compelling him into relinquishing his lawful proprietary and contractual rights over the 3,000square meters of reclaimed land behind the sealed up property.
In his Exparte application before the Court, Ojukwu urged the Court to grant an Exparte Order to seal up the Lagos property.
“The court presided over by Justice Othman Musa granted the order on on November 24, 2025 to seal and secure the entire property, including the reclaimed land at the back of the property measuring 3,000 square meters
He also ordered the immediate stoppage of all construction works, activities, actions, or steps on the said property while ensuring that no person, authority, or entity howsoever described is permitted access to or entry upon the property pending the hearing and determination of the substantive suit pending before the court.
“Following the Exparte order of the court which was supposed to have been vacated, having elapsed, on December 30, 2025,, all the occupants of the property and their workers were forcefully chased out of their business premises and the property was sealed up by people who introduced themselves as officers of the FCT High Court, from Abuja.
“All efforts by the various business owners to explain to the FCT Court officials that their business premises is different from the 3,000square meters of the reclaimed land behind it was rebuffed as they were sent out of their business premises without any notice or justification”.
The group demanded into the activities of the judge, saying he clearly lacked the jurisdiction to. Issue an order to. Deal up a property in Lagos while he sits in Abuja.
According to the group, only a Lagos court has such powers.
“We, as an organisation are demanding a probe into the activities of Justice Othman Musa, regarding the case and possible sanction. We cannot explain a situation where a judge of the High Court of the Federal Capital Territory, Abuja will give an Exparte order to seal up a property in Lagos, where his jurisdiction does not extend to.
“To us, clearly, the judge does not have the jurisdiction to do that. The disputed property is outside his jurisdiction and should not have made the order he issued. Moreso, the order was made, on November 24, 2025 and should have elapsed, yet, it was not vacated. We are calling on relevant bodies in the Judiciary to call Justice Othman to order and we make bold to say that, if this trend continues in the case, we will have no option than to write a FORMAL PETITION to the NJC to report the Honourable judge for sanction.
“If the action of Justice Othman Musa is left unchecked, other judges may want to do the same, therefore, we are calling, on the leadership of the judiciary to call Justice Musa to order to protect the integrity and sanctity of the Judiciary.
“We believe the institution of this case in FCT High Court Abuja and the grant of the Exparte Order is a calculated scheme aimed at causing mischief and hardship on the Landlord of the Premises and the innocent occupants who have been deprived of access to their business premises. The Business owners are not parties to the alleged agreement between Mr. Henry Ugonna Orabuchi, and Mr. Elvis Emecheta, over the 3,000 square meters of the reclaimed land behind their business premises and are not parties to the fundamental rights case before the Abuja Court. The judiciary should not be used to abuse its own process and to aid those with means to oppress innocent citizens.”
