The Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, has been urged to investigate a Delta State High Court judge over an interim order allegedly granted in a land dispute despite an existing court judgment, writ of possession and certificate of execution.
The request was contained in a petition dated October 9, 2026, written by Salihu Dantata Mahmud, Special Assistant on Inter-Governmental Affairs to the Special Envoy of the International Human Rights Protection Services Forum.
The petition was addressed to the CJN, who chairs the National Judicial Council.
Mahmud accused Justice Onome Marshal-Umukoro, who sat as a vacation judge at the Delta State High Court, Asaba Judicial Division, during the 2026 court vacation, of granting orders allegedly not sought by the parties in Suit No. DTHC/IBU/CV/16/2026.
The disputed order was reportedly granted following a motion ex parte for an interim injunction dated September 14, 2026.
In the petition, Mahmud argued that the order violated the legal principle that courts should not grant reliefs that parties have not sought.
He cited the Supreme Court decision in *Nwaogu v. Atuma & Ors. (2013) LPELR-2066(SC)* in support of his argument.
The petitioner stated, “It is trite law that a court should not make unsolicited orders or grant prayers not sought by parties.”
He further alleged that the interim order was granted without an accompanying application for an interlocutory injunction.
According to him, a person seeking an interim order ex parte should file an application for an interlocutory injunction simultaneously.
“Regrettably, in the said Suit No. DTHC/IBU/CV/16/2026, an Interim Order Ex-parte was sought and granted without recourse to and/or filing any interlocutory application for injunction,” the petition stated.
Mahmud also raised concerns over the subject of the order, alleging that it affected land already covered by a court judgment, writ of possession and certificate of execution.
He argued that the interim order was being used to halt the enforcement of a final judgment.
“Finally, in the said Suit, an Interim Order was issued on a land that has Court Judgment, Writ of Possession and Certificate of Execution, thereby using an interim Order to arrest a final judgment,” he said.
The petitioner urged the CJN to investigate the allegations and take appropriate steps to address the issues raised.
“We hereby most respectfully appeal to my noble lord to investigate our complaints with a view to restoring judicial sanity,” Mahmud stated.
The petition did not include a response from Justice Umukoro or the Delta State High Court to the allegations. The claims remain allegations pending any investigation or determination by the relevant authorities.
