By O.O. Chukwuma Esq.
The nomination of Honourable Justice James Kolawole Omotosho of the Federal High Court in Abuja as part of the 48 judges to be screened for appointment to the Court of Appeal bench by the Federal Judicial Service Commission (FJSC) is not surprising to many Nigerians.
Although Only 12 of the nominees will be picked at the end of the ongoing appointment exercise to be finalised by the National Judicial Council (NJC), who the cap fits should be allowed to wear it.
In the last appointment made by the NJC and unknown to many, the name of Justice J K. Omotosho, as popularly called, featured conspicuously even to the final level, beyond shortlisting.
Although the erudite judge was not appointed to the appellate court bench then, his nomination this time around had shown that the Ogun State-born justice has all its takes to sit as judge of the Nigeria’s Court of Appeal.
His thoroughness and fearless disposition to justice delivery cannot be over-emphasised and some of his landmark judgements point to this fact.
Besides, his religiousness to 9a.m. start sitting of courts makes lawyers and litigants who appear before the judge think he probably lives behind the court building.
Hence, the announcement of his name by the Federal Judicial Service Commission (FJSC) was greeted with a very warm welcome by many Nigerians.
It would be recalled that his widespread support from Nigerians across the board grew exponentially from his recent judgment in a case between the Federal Republic of Nigeria and Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB).
When the case was first reassigned to Justice Omotosho in March 2025, many had thought that the matter, which had lasted for 10 years, would not make a headway.
Kanu’s trial on allegations bordering on treasonable felony and terrorism-related offences started in 2015.
The swiftness the case took and Justice Omotosho’s insistence on fair hearing to the defendant, the prosecution and the state were of interest throughout the period the case lasted.
Up to the day the judgment was delivered on November 20, 2025 by the indefatigable judge, many Nigerians and even the international community became curious on how the case was going to end.
Some Nigerians, especially from the Eastern part of the country, would have erroneously thought that the judge was maliciously against the IPOB and people from the region, this assertion is untrue after all.
The judgment, delivered on November 29th, 2024, in which the Inspector-General of Police (IGP) had sued 50 men and women alleged to be members of IPOB, proved the assertion to be false.
The police, in the three-count charge marked: FHC/ABJ/CR/8/2024, alleged that while acting on tipoff of intelligent gathering, intercepted and arrested the defendants on December 12, 2023, at Umunze Village, Uga Aguata Local Government Area of Anambra State, where they assembled themselves inside 911 truck with Reg No. XA-139 BDN, and engaging themselves in a meeting all about, and in connection with an act of terrorism, and having in their custody 48 Black Caps, 25 Red Caps, 6 Orange Colour Caps all were designed in IPOB emblem, and various degrees of charms otherwise known as juju, which they admitted to have possess the spiritual power of disappearing while carrying out their terrorist transaction.
The offence, the police said, as contrary and punishable under Section 12 of Terrorism (Prevention and Prohibition) Act, 2022.
After the police closed their case, the defendants, through their lead counsel, Ifeanyi Ejiofor, opted for a no-case submission, arguing that the evidence presented by the prosecution was insufficient for them to enter their defence.
Justice Omotosho, while delivering the ruling on the no-case submission, upheld the arguments of the 50 suspected IPOB members.
The judge, who held that the police had failed to make our a prima facie case against the defendants, also ruled that the prosecution failed to show that the defendants were in the 911 truck on the day they were arrested with a common intention to commit an illegal act.
He consequently discharged and acquitted them of the three-count charge.
Another contentious but sound and objective judgment Justice Omotosho delivered was the setting aside of Rivers State’s N800 billion 2024 Budget passed into law by four members of the state’s house of assembly led by a factional Speaker, Hon. Edison Ehie on December 13, 2023, and signed into law by Governor Siminalayi Fubara on December 14, 2023.
Although some Nigerians had thought that the judge sided with Amaewhule faction to deal with the governor, the event leading to the decision of the court was far from such insinuation.
The 27-member Rivers States House of Assembly led by Hon. Martin Amaewhule had sued Fubara; Ehie, the factional Speaker, and joined the principal officers of the National Assembly, among others.
The Assembly and Amaewhule (1st and 2nd defendants), in the suit, had sought an order directing all parties to maintain status quo as at November 29, 2023, before the passage of the budget on December 13, 2023, by the factional four-member assembly, among other reliefs.
The suit was premised on the interim order of injunction earlier granted by Justice Omotosho on November 30, 2023, restraining Fubara and other defendants from interfering with the legislative work of the state’s assembly led by Amaewhule, pending the determination of the substantive suit.
Against the interim order, the Ehie-led assembly passed the budget on December 13, 2023, and signed into law by Fubara on December 14,2023.
However, Fubara, through his legal representative, had joined issues with the plaintiffs by filing a counter affidavit and other processes, urging the court to dismiss the suit.
While the proceeding was ongoing, the governor later instructed his lawyer to withdraw all the documents he filed for his defence, citing the meeting convened by President Bola Tinubu to reconcile him (Fubara) and his political godfather, Nyesom Wike, who is the FCT Minister, as his reason.
Of course, everyone in court that day, including Justice Omotosho, was taken aback by the governor’s decision to withdraw his defence in the middle of the legal battle, even when Amaewhule, who was one of the plaintiffs, did not withdraw from the case.
In his bid to save the situation, the judge stood down the matter and directed the lawyer, who appeared for Fubara as 11th defendant, to go and consult with his client (Fubara) before delivering the ruling to strike out the governor’s processes that were filed in the matter.
When the court reconvened, the lawyer restated their resolve to withdraw their defence following President Tinubu’s intervention, and Justice Omotosho struck out all Fubara’s court documents that were filed.
Despite this development, the case continued, even up to the day the judgment was delivered on January 22, 2024, when Justice Omotosho declared the presentation of the appropriation bill by Fubara on December 13, 2023, and its passage by the four lawmakers into law as an exercise in futility.
Justice Omotosho had held that the decision of the court was premised on the earlier order made on November 30, 2023 and the facts that Fubara, who was 11th defendant in the case, withdrew his processes in opposition to the plaintiffs’ originating motion.
The judge ruled that Fubara, having withdrawn his counter affidavit and other processes in the case, showed that the governor had admitted the facts in the suit since it was not challenged.
It will interest everyone to know that the judgement has become the basis of victory for the Amaewhule-led Rivers State House of Assembly, even up to the Supreme Court.
OTHER LANDMARK JUDGMENTS OF HONOURABLE JUSTICE OMOTOSHO
These can be seen in the judgment on the suit filed on May 28, 2024, by Mr Philip Shaibu, the immediate-past deputy governor of Edo State, against the Edo State House of Assembly, its speaker, the state’s chief judge, etc, over his unlawful impeachment and the appointment of Godwin Omobayo as his replacement by Mr Godwin Obaseki, the former governor.
Justice Omotosho, on July 17, 2024, ordered the reinstatement of Shaibu as deputy governor together with the rights, privileges, paraphernalia and perquisites of the said office.
The judge also ordered the Inspector-General of Police to provide protection to Shaibu for his peaceful resumption and discharge of his duties and functions as well bestowed in his office.
Besides, the judge made a consequential order that the impeached deputy governor was entitled to all salaries, allowances and fringe benefits accruing to the office from the 8th of April, 2024 till the date of the judgment and till the end of his tenure in office.
Being an uncompromising judge, the judgement delivered on November 17, 2025, between the ICPC and Prof. Cyril Ndifon, a professor of Law and suspended Dean of Faculty of Law, University of Calabar, is still fresh in our memory, where the randy don was convicted and sentenced to five years imprisonment in counts one and two of the four-count charge bordering on sexual harassment.
All these and many more of the judgments by Justice J.K. Omotosho made him worthy of the elevation.
Therefore, there is no gainsaying that the hardworking judge merits promotion to the Court of Appeal.