The new Chief Justice of Nigeria(CJN), Justice Kudirat Kekere-Ekun has sent a strong signal to Judicial Officers across the country by wielding the big stick against five senior judges. As the chair of the National Judicial Council, the regulatory and disciplinary organ for Judicial Officers, Justice Kekere-Ekun approved the immediate and compulsory retirement of two Chief Judges for falsification of their age. Two other judges were suspended for one year without pay on account of their pronouncement in some cases that came before them for adjudication.
At its 107th meeting held on 13 and 14 of November, 2024, the NJC apart from sanctioning some erring Judicial Officers, also approved appointments of some others.
Specifically, the Council at its meeting , suspended Hon. Justice G. C. Aguma of High Court of Rivers State from performing judicial functions for a period of one year without pay and also placed him on “Watch-List” for two years thereafter.
Also, Hon. Justice A. O. Nwabunike of Anambra State High Court, has been suspended from performing judicial functions for one year without pay and placed on “Watch-List” for two years thereafter.
The Council also recommended two Heads of Court for compulsory retirement over falsification of age. The duo of the Chief Judge of Imo State, Hon. Justice T. E. Chukwuemeka Chikeka and the Grand Kadi of Yobe State, Hon. 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, empanelled 6 Committees for further investigation. While 22 were dismissed for lacking in merit, two were sub judice.
The Council also empanelled a Committee to investigate all complaints and petitions against Hon. Justice O. A. Ojo, Chief Judge, Osun State.
The Council’s findings revealed that Hon. 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 finds 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 finds that the speed with which the Hon. Justice Aguma took and granted the order absolute 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 Hon. 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.
Hon. 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 received in excess by His Lordship from 27 October 2021 till date should 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 Hon. Justice I. A. Jamil of Kogi State to be more circumspect in handling sensitive matters in the future. The Council further resolved to issue a letter of caution to Hon. 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 Hon. 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 Hon. 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.
Court and Hon. Justice I. S. Yerima, Chief Judge, Oyo State, were discontinued by the petitioners through notices of discontinuance served on the Council.
The Petition by Hon. C. Oforma Agbo JP against Hon. 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 Hon. 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 Hon. Justice Stephen Dalyop Pam of the Federal High Court was discountenanced as the petitioner abandoned it and failed to honour Council’s invitation.
While the NJC is ready to sanction erring Judicial Officers, it has a duty to protect them against unfounded allegations.
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 Thirty-six (36) candidates for judicial appointment to their various State Governors.
Those recommended for appointment are as follows:
EIGHT (8) JUDGES, HIGH COURT, OYO STATE
Opayinka, Adeniyi Gabriel
Oyediran, Oloyede Semiu
Oladejo, Olusoji Moses
Ademola-Salami, Oluwaseun Toluwanimi
Adesina, Jimoh Adam
Adekunle, Yemi Saubana
Adepoju, Olutola Jolade Adenike
Muraina, Olayemi Rasaq
Bello, Sokoto Ibrahim
Imam, Abubakar Bello
Muhammad, Abibu Lawal
Ibrahim, Bodinga Umar
Kabiru, Marnona Umar
TWO (2) KADIS, SHARIA COURT OF APPEAL, KEBBI STATE
Aliyu, Kabir, SAN
Bello, Muhammad Atiku
TWO (2) JUDGES, CUSTOMARY COURT OF APPEAL, OYO STATE
Oyediran, Safiya Amope
Ojekunle, Ojeyemi Ademola
All recommended candidates are expected to be sworn in by their respective State Governors.
The release was signed by Kemi Babalola-Ogedengbe, Esq. Deputy Director (Information)
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