CALABAR – The National Judicial Council (NJC) has acknowledged receipt of a petition against Justice B.T. Ebuta of the Cross River State Court for alleged misconduct.
In its acknowledgement letter dated April 10, 2025, with Reference No. NJC/S.4/ANA.HC/7/11/24 and signed by Hon. Justice Kudirat M. O. Kekere-Ekun, Chief Justice of Nigeria and Chairman (NJC), it confirmed that it is taking action on the petition, which accuses the judge of abuse of office conduct unbecoming of a judicial officer.
The Chief Justice of Nigeria and NJC Chairman, Justice Kudirat M.O. Kekere-Ekun, had in a letter with Reference No. NJC/S.4/ANA.HC/7/11/24 informed the petitioner, Ntoe Paul Assim Ita, that the matter is under review.
Ntoe Paul Assim Ita, the Clan head of Nkonib Ikot Ansa Qua Clan, in Calabar Municipality of Cross River state, had accused Justice Ebuta of misconduct in handling Suit No. HC/86/2024 between Ntoe Lawrence Nyong Akiba, Ntufam Maurice Omin Iso and Ntufam Donatus Etim for and on behalf of Nkonib (Ikot Ansa) Qua Clan) as claimants and the Governor of Cross River State of Nigeria, the Attorney -General and Commissioner for Justice, Cross River State, Commissioner for Lands, Cross River State and Ntoe Paul Assim Ita as Defendants.
The petition dated March 14, 2024, is titled “Complaint of misconduct, abuse of office and conduct unbecoming of a judicial officer against Hon. Justice B T. Ebuta of the High Court of Cross River State of Nigeria.”
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Ntoe Ita alleged that Justice Ebuta had earlier declined to set aside the consent judgement in Suit No. HC/147/2022 on the grounds that he had previously heard the matter as stated in the record of proceedings of 27/6/2022, but expressed surprise that the same Justice Ebuta refused to recuse himself in a case with Suit No. HC/86/2024 when it was assigned to him by the Honourable Chief Judge.
According to Ntoe Ita, “It was consequent upon the refusal of Hon. Justice B. T. Ebuta to recuse himself from hearing HC/86/2024 that prompted me to apply in writing for the transfer of the case to any other court for a fair and unbiased determination.”
Ntoe Ita further alleged that “In the application for transfer, I had alleged that Suit No.HC/86/2024 was filled on the advice of Hon. Justice B. T Ebuta, I equally alleged that Hon. B. T. Ebuta was the tenant to one of the Claimants, who had gifted several plots of land to His Lordship in the area in dispute in Suit No. HC/86/2024. The gift of the land was for the role Hon. Justice Ebuta played in the consent judgment in Suit No. HC/314/2021. The same judgment he was assigned to interpret in Suit No. HC/86/2024.
“I had also known that because of His Lordship’s personal interest in the subject matter, that I was never going to be given a fair trial.
“The Lordship’s blunt refusal to recuse himself despite my lawyer’s oral application and my strong-worded application for transfer, which I duly copied him, was self-motivated.
“My application for transfer was met with stiff resistance from both the presiding judge and the Claimants, who on 24/7/2024 wrote a letter opposing our application for transfer.
“Expectedly, Hon. Justice B. T. Ebuta sat on the appeal over his judgement, interpreted the same judgment in favour of his benefactors and handed over the entries community land to the Claimant and himself. Besides, The Lordship proceeded to nullify leases, survey plans, layouts plans and other publications not connected with the consent judgment before him.”
In light of the above, Ntoe Ita, passionately appealed to the Chief Justice of Nigeria/ NJC Chairman, Justice Kudirat M.O. Kekere-Ekun, “to use her good office to ensure that the right thing is done,” adding “I am convinced that if Hon. Justice B. T. Ebuta had no personal interest in the matter, he would have recused himself from the matter without much prompting.”
