Retiring Supreme Court Justice Reveals US Visa Ban Against Justices Over Imo Election Verdict

A retiring Supreme Court Justice, Uwani Abba-Aji, has disclosed that members of the panel that delivered the controversial judgment on the 2019 Imo State governorship election were subjected to a United States visa ban.

Abba-Aji made the revelation on Friday at a valedictory ceremony held to mark her retirement from the apex court, following her attainment of the constitutionally stipulated retirement age of 70.

According to her, the restriction was imposed after a judgment she said was widely misunderstood, adding that the ban against members of the panel was still effective.

Recounting some of the difficult moments of her time on the bench, she said: “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.

“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.”

While the retiring Justice did not expressly name the judgment, Vanguard understands that her disclosure relates to the Supreme Court’s January 2020 decision that removed Emeka Ihedioha of the Peoples Democratic Party (PDP) as Imo State governor and installed Hope Uzodimma of the All Progressives Congress (APC).

The landmark ruling was delivered on January 14, 2020, by a seven-member panel comprising Justice Abba-Aji and the current Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, among others.

In its decision, the Supreme Court overturned Ihedioha’s election and directed that Uzodimma, who had initially finished fourth in the governorship contest, should be sworn in as governor.

The lead judgment, delivered by Kekere-Ekun, ordered the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return issued to Ihedioha and issue another to Uzodimma.

The ruling also set aside the earlier decisions of the Court of Appeal and the Imo State Governorship Election Petitions Tribunal, both of which had upheld Ihedioha’s victory.

Supreme Court added 213,295 votes from 388 polling units

A major aspect of the controversial judgment was the Supreme Court’s decision to incorporate results from 388 polling units, amounting to 213,295 votes.

The results had been tendered before the election tribunal by a police officer who testified as PW-54, although INEC had disowned them.

After adding the disputed figures during proceedings, the Supreme Court concluded that Uzodimma had secured the majority of lawful votes cast in the election.

The judgment triggered widespread criticism, public debate and protests.

The panel was led by the then Chief Justice of Nigeria, Justice Tanko Muhammad, while its other members included Justices Sylvester Ngwuta, Kayode Ariwola and Amiru Sanusi.

Ihedioha later filed an application asking the Supreme Court to review its decision, arguing that the judgment had resulted in a miscarriage of justice. The court, however, rejected the request.

Justice Centus Nweze, the only member of the panel to dissent, called for Ihedioha’s return to office, describing the ruling that removed him as governor as a nullity.

Warning about the long-term implications of the decision, Nweze said:

“This decision of the Supreme Court will continue to haunt our electoral jurisprudence for a long time to come,” he warned.

Speaking further at her retirement ceremony, Abba-Aji said the visa ban was among the difficulties she had to endure in the discharge of her judicial responsibilities.

“Such inconveniences were a small price to pay to preserve the chastity of justice,” she added.

Kekere-Ekun pays tribute to retiring Justice

Meanwhile, Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, has paid tribute to Abba-Aji, highlighting her decades of dedication to the Judiciary and her contributions to the advancement of women in the legal profession.

The CJN recalled that Abba-Aji joined the judicial service in Borno State in 1973, beginning her career as a Clerical Assistant before progressing through various administrative positions, including Assistant Registrar, Acting Registrar and Higher Registrar.

She also served in different divisions of the Court in Benin, Abuja, Ekiti, Owerri and Kaduna following her elevation to the Court of Appeal on September 22, 2004.

Her appointment to the Supreme Court followed on January 8, 2019.

Kekere-Ekun described Abba-Aji’s professional journey as an inspiration, particularly to women who have joined the Nigerian Judiciary in recent years.

“For many of us, particularly the women who have entered the Nigerian Judiciary in more recent years, Hon. Justice Abba-Aji’s career is part of the story of how the place of women in our Judiciary has evolved.

“Long before the presence of women on the Bench became as familiar as it is today, she was already serving, quietly establishing a record of competence and service.

“Hon. Justice Abba-Aji’s journey into the legal profession began at a time when the professional landscape was very different from what we know today.

“Her leadership roles in the Federation of Muslim Women Associations of Nigeria and, particularly, her service as President of the National Association of Women Judges Nigeria (NAWJN), demonstrate that her interest in the progress of women was not merely incidental to her career.

“She contributed to creating a space in which other women could find their voices and assume positions of leadership,” the CJN added.

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