The Federal High Court in Abuja on Thursday dismissed a suit seeking to stop the Judicial Service Committee of the Federal Capital Territory, FCT, and the National Judicial Council, NJC, from considering the Director of Enforcement of the FCT High Court, Chukwuemeka Tony Ubani, for appointment as a judge.
Justice Inyang Ekwo dismissed the suit after counsel to the defendants, A.T. Kehinde, SAN, informed the court that the plaintiff, Bizplus Consulting Services Ltd, had filed a notice of discontinuance.
Kehinde, who appeared for all the defendants, told the court that issues had already been joined in the matter and urged the judge to dismiss the suit with costs.
In his ruling, Justice Ekwo held that the notice of discontinuance was deemed and proceeded to dismiss the suit.
The case, marked FHC/ABJ/CS/2174/2026, followed allegations by Bizplus over Ubani’s handling of an attempt to enforce a judgment debt against the Benue State Government through funds held by United Bank for Africa, UBA, Plc.
Bizplus had asked the court to restrain the FCT Judicial Service Committee and the NJC from screening, shortlisting, evaluating or recommending Ubani for appointment as a judge until the substantive suit was determined.
“We also sought to suspend any steps already taken in the selection process pending an investigation into the allegations arising from the judgment enforcement dispute,” the company said.
In an affidavit supporting its application, the company, through its authorised representative, Dr Maurice Ibe, said it was a judgment creditor in suit No. FCT/HC/CV/3693/2025, involving Bizplus and another party against the Benue State Government and another defendant.
According to the company, the FCT High Court issued a garnishee order absolute in the case on December 4, 2025.
Bizplus alleged that Ubani, in his capacity as Director of Enforcement, wrote a letter dated May 4, 2026, requesting police assistance to execute the judgment.
The company claimed that the letter was issued in line with the court’s internal administrative procedure, which it said required written clearance from the Chief Judge before police assistance could be activated.
It further alleged that police tactical officers attached to the Intelligence Response Team accompanied its representatives to UBA on September 4, 2026, to enforce the court order.
Bizplus also claimed that the court subsequently halted its internal enforcement processes after adverse applications were served on it. However, the company alleged that an attempt to enforce the judgment continued with the assistance of armed police officers.
In response, Ubani filed a preliminary objection challenging the company’s legal standing to institute the suit.
In an affidavit supporting his objection, he argued that Bizplus had not established any legal right, personal injury or sufficient interest to justify its attempt to interfere with the judicial appointment process.
He also maintained that any administrative petition against him should be investigated and determined by the appropriate authorities.
Ubani further argued that the suit was premature and did not disclose a reasonable cause of action against him and the other defendants.
The other defendants in the suit were the FCT Judicial Service Committee, the NJC and the Attorney-General of the Federation.
Court dismisses suit to stop FCT director's appointment as judge