Court dismisses suit seeking to block FCT high court director’s appointment as judge

The Federal High Court in Abuja has dismissed a suit seeking to stop the Judicial Service Commission of the Federal Capital Territory (FCT) and the National Judicial Council (NJC) from considering Chukwuemeka Tony Ubani, director of enforcement at the FCT High Court, for appointment as a judge.

Inyang Ekwo, the presiding judge, dismissed the suit on Thursday after Akinlolu Kehinde, counsel to the defendants, informed the court that Bizplus Consulting Services Ltd, the plaintiff, had filed a notice of discontinuance.

Kehinde, a Senior Advocate of Nigeria (SAN), urged the court to dismiss the suit with costs, arguing that issues had already been joined in the matter.

The suit, marked FHC/ABJ/CS/2174/2026, sought to restrain the FCT Judicial Service Committee and the NJC from screening, shortlisting, evaluating or recommending Ubani for appointment as a judge pending the determination of the case.

Bizplus said its action arose from allegations concerning Ubani’s handling of an attempt to enforce a judgement debt against the Benue state government through funds held by United Bank for Africa (UBA) Plc.

In an affidavit supporting its application, the company said it was a judgement creditor in a separate case involving the Benue state government, in which the FCT high court issued a garnishee order absolute on December 4, 2025.

The company alleged that Ubani, in his capacity as director of enforcement, wrote a letter on May 4, 2026, requesting police assistance to execute the judgement.

According to Bizplus, the enforcement operation was suspended on September 4 after UBA objected, citing its interpretation of a court of appeal order directing parties to maintain the status quo.

The company further alleged that Ubani subsequently disclaimed authorising the operation, despite his earlier written request for police assistance.

Bizplus said it petitioned the FCT judicial service committee and the NJC over the incident, arguing that the allegations should be investigated before Ubani’s consideration for judicial appointment proceeded.

It then approached the federal high court to halt the selection process and suspend any steps already taken towards his appointment.

However, Ubani challenged the suit in a preliminary objection, arguing that Bizplus lacked the legal standing to institute the action.

In the objection, he argued that the company had not established any personal injury, legal right or sufficient interest that entitled it to interfere with the judicial appointment process.

He also argued that any administrative petition against him was a matter for the relevant authorities to investigate and determine.

In his ruling, the judge held that the notice of discontinuance was deemed and proceeded to dismiss the suit.

The other defendants in the case were the FCT judicial service committee, the NJC and the attorney-general of the federation.