A retiring Justice of the Supreme Court, Justice Uwani Abba-Aji, has disclosed that some justices of the apex court were placed on a United States visa ban following a judgment that was widely misinterpreted.
Speaking on Friday during a valedictory session held to mark her retirement from the bench, Justice Abba-Aji said her time on the Supreme Court was marked by challenges that tested her resolve to uphold justice regardless of the consequences.
“My time on the Supreme Court bench was filled with challenges, some of which have served as additional opportunities to stand firm on the side of justice, regardless of the consequences,” she said.“One of such challenging judgments was widely misinterpreted and led to a travel ban to the United States of America being imposed on all members of the panel, a ban which still holds today.”
Although she did not name the specific case, the disclosure is linked to the January 14, 2020, Supreme Court judgment arising from the 2019 Imo State governorship election. A seven-member panel that included the current Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, and Justice Abba-Aji nullified the election of the Peoples Democratic Party candidate, Emeka Ihedioha, and ordered the swearing-in of the All Progressives Congress candidate, Senator Hope Uzodimma, who had initially finished fourth.
In the lead judgment, the court directed the Independent National Electoral Commission to withdraw the Certificate of Return earlier issued to Ihedioha and issue a fresh one to Uzodimma as the validly elected governor.
The panel vacated the concurrent decisions of the Court of Appeal and the Imo State Governorship Election Petitions Tribunal that had affirmed Ihedioha’s victory.The justices added results from 388 polling units, totalling 213,295 votes, which were tendered before the tribunal by a police officer but disowned by INEC. After recomputing the votes in the courtroom, the panel declared Uzodimma the winner.
The panel, led by the then Chief Justice of Nigeria, Justice Tanko Muhammad, also included Justices Sylvester Ngwuta, Kayode Ariwoola and Amiru Sanusi. Only Justice Centus Nweze dissented, warning that the decision would “continue to haunt our electoral jurisprudence for a long time to come.”Justice Abba-Aji, who is retiring upon attaining the mandatory age of 70, described the visa ban as part of the sacrifices judicial officers sometimes make.
“Such inconveniences were a small price to pay to preserve the chastity of justice,” she added.In her remarks, Chief Justice Kudirat Kekere-Ekun praised the retiring justice for her long career, which began in 1973 in the Borno State judicial service and included service at the Court of Appeal before her elevation to the Supreme Court in January 2019.
She highlighted Justice Abba-Aji’s contributions to the advancement of women in the judiciary, including her leadership of the National Association of Women Judges Nigeria.
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