NJC directs retirement of 2 judges over age falsification, suspends others for misconduct

The National Judicial Council under the Chairmanship of the Chief Justice of Nigeria, (CJN) Justice Kudirat Kekere-Ekun, has sanctioned five serving judicial officers for various acts of misconduct.

Specifically, the Council at its 107th meeting held in Abuja suspended Justice G. C. Aguma of High Court of Rivers State from performing judicial functions for one year, and also placed him on watch-list for two years, thereafter.

Also, Justice A. O. Nwabunike of Anambra State High Court has been suspended from performing judicial functions for one year, and placed on watch-list for two years.

The Council also recommended two Heads of Court for compulsory retirement over falsification of age.

The duo – Chief Judge of Imo State, Justice T. E. Chukwuemeka Chikeka and the Grand Kadi of Yobe State, Kadi Babagana Mahdi – were recommended for compulsory retirement for falsification of their ages.

The Council equally considered the report of its Preliminary Complaints Assessment Committee, which considered a total number of 30 petitions and empanelled six committees for further investigation.

Twenty-two complaints were dismissed for lacking in merit, while two were sub judice.

The Council also empanelled a Committee to investigate all complaints and petitions against Justice O. A. Ojo, the Chief Judge, Osun State.

The Council’s findings revealed that Justice G. C. Aguma committed acts of misconduct by aiding a litigant who obtained a judgment at the FCT High Court, Abuja, and filed a garnishee against judgement debtors in Bori Division of the High Court, Rivers State.

The Council found that Justice Aguma failed to raise any query as to why the garnishee proceedings were brought to his court in Bori for a money judgment that could effectively be enforced in Abuja.

That the judgment was delivered on 15 July 2020, at the High Court of the FCT, while the certificate of judgment was registered at Bori Division of the High Court of Rivers State on 16 July 2020.

The Council further found that the speed with which Justice Aguma took and granted the order against the judgment debtors showed that he had an interest, especially as he failed to take into consideration the stay of execution of the judgment granted in favour of the judgement debtors by the Bwari High Court, which had been brought to his attention.

On the part of Justice A. O. Nwabunike of Anambra State, the Council found him to have breached the provision of Rule 3.1 of the Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria, 2016.

He also failed to adhere to the principle of stare decisis from his different interpretation of the word “aspirant” and abused his judicial powers by granting ex parte orders without a Motion on Notice filed along with the Originating Summons.

Justice T. E. Chukwuemeka Chikeka was recommended to the Governor of Imo State for compulsory retirement with effect from 27 October 2021, while all salaries and allowance he received in excess from 27 October 2021 till date is to be refunded to the Council.

“The recommendation was pursuant to the findings of the Council that His Lordship has two different dates of birth; 27 October 1956 and 27 October 1958. However, 27 October 1956, appeared to be the consistent date of birth, but in 2006, the Chief Judge swore to an affidavit changing the date of birth to 27 October 1958.

“Similarly, Council finds that Hon. Kadi Mahdi has 3 different dates of birth (10 December, 28 January and July) all in 1959, while his actual date of birth was 1952.

“The Council held that Grand Kadi Mahdi committed an act of misconduct in violation of Rule 02908 (i) and (ii) of the Public Service Rules, 2021 and ought to have retired from service 12 years ago.

“The Council, therefore, resolved to recommend Hon. Kadi Babagana Mahdi for compulsory retirement to the Governor of Yobe State and that he should refund all salaries and allowances received for the past 12 years.”

The Council at its meeting, also issued letter of caution to Justice I. A. Jamil of Kogi State to be more circumspect in handling sensitive matters in the future.

The Council further resolved to issue letter of caution to Justice J. J. Majebi, Chief Judge, Kogi State, for assigning a sensitive matter to a junior judge on the Bench.

The Council also deliberated on 4 petitions against Justice Peter O. Lifu of the Federal High Court, Abuja as follows:

“Petition by Mr Douglas W. Chukwu, the Secretary of the Rivers State Independent Electoral Commission against Justice Lifu was discountenanced, as the petitioner who had earlier indicated interest to participate in the hearing of his petition failed, neglected and refused to appear before the Committee.

“The Council also finds that the allegations of inducement to the tune of $1 million, a bullet-proof car and gift of a plot of land to Justice Lifu by Chief Emeka Beke, Chairman, All Progressive Congress, (APC), Rivers State were not substantiated in any form.”

It was also found that the same parties who appeared before the High Court in Rivers State, also appeared before Justice Lifu at the Federal High Court in Abuja, but failed to disclose or bring to the notice of the judge, the existence of a sister case at Rivers State High Court.

The Council noted that the acts of misconduct alleged were actually perpetuated by the petitioners who filed the case at the Rivers State High Court, after the case at the Federal High Court, Abuja had been instituted, suggesting forum shopping.

The Council found that Justice Lifu neither exhibited personal interest in the matter nor misconducted himself in the procedure and noted that the complaints contained in the petition are now subject of appeal by the petitioners.

Similarly, the Council dismissed the two petitions by Abednego Oli Benjamin, Chairman, Boot Party, Rivers State Chapter against Justice Lifu, as it found the allegations of bribery and other corrupt practices against the subject judge were unsubstantiated.

It also found that there is no proof of misconduct in the ex parte orders made by the subject judge. Council also noted that the ex parte orders are now the subject of appeals.

On the petition by Dr. G. M. Giles-West Clark, Rivers State House of Assembly against Justice Joyce Abdulmalik of the Federal High Court, Abuja Division, the Council found that the petition was not supported with a verifying affidavit and was therefore, discountenanced.

On the petition against the Court of Appeal by Aham Eke-Ejelama, SAN, the Council found that the matters were cases that were commenced during vacation. It also found that they were urgent matters assigned to vacation Justices and that vacation judges sit in Abuja.

“Council also finds the assertion that the appellants’ counsel applied to be heard in Abuja, is not correct as only a Head of Court can assign vacation cases. Consequently, Council dismissed the petition for lack of substance.”

The Council thereafter directed the President of the Court of Appeal should deal with the assignment of the appeals administratively in the normal course of business.

Also, the petitions against Justice Peter C. Obiora, JCA, formerly of Anambra State High Court and Justice I. S. Yerima, Chief Judge, Oyo State, were discontinued by the petitioners through notices of discontinuance served on the Council.

The petition by C. Oforma Agbo, JP, against Justice Comfort C. Ani of the Enugu State High Court, was investigated and no evidence of judicial misconduct was found against the judge.

The petition against Justice Kabir Dabo, High Court of Justice, Kaduna State, by Alhaji Samaila Musa, was dismissed for being unmeritorious, as the judge did not violate any law by issuing a bench warrant for the arrest of the petitioner.

Furthermore, the petition by Hopeson Dike against Justice Stephen Dalyop Pam of the Federal High Court was discountenanced as the petitioner abandoned it and failed to honour Council’s invitation.

The Council resolved that Legal Practitioners who by themselves or in collusion with litigants write frivolous petitions to blackmail the judicial officers will be reported to the Legal Practitioners’ Disciplinary Committee (LPDC) or the Legal Practitioners’ Privileges Committee (LPPC) for appropriate action.

Also, at the meeting, the Council recommended 36 candidates for judicial appointment to various state governors.