THE National Judicial Council (NJC) has sacked two senior judges and sanctioned several others over misconduct.
The NJC, in a statement by its deputy director of information, Kemi Babalola-Ogedengbe, on Friday, November 15, disclosed that its decisions were reached during its 107th meeting held on November 13 and 14.
The NJC, chaired by the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, noted that a justice and Chief Judge of Imo State, T. E. Chukwuemeka Chikeka, and the Grand Kadi of Yobe State, Kadi Babagana Mahdi, were compulsorily retired over allegations of falsifying their birth dates.
Additionally, a justice of the Rivers State High Court, G. C. Aguma, and another at the Anambra State High Court, A. O. Nwabunike, were suspended for one year without pay and placed on a two-year watch list for misconduct.
“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 subjudice.
“The Council also empanelled a committee to investigate all complaints and petitions against Hon. Justice O. A. Ojo, Chief Judge, Osun State,” the statement added.
According to the statement, the Council found that Aguma engaged in misconduct by assisting a litigant who secured a judgment at the FCT High Court, Abuja, to file garnishee proceedings against judgment debtors in the Bori Division of the Rivers State High Court.
The NJC also noted that the judge failed to question why the garnishee proceedings, which could have been enforced in Abuja, were instead brought to his court in Bori.
The Council noted that Nwabunike (of Anambra State) violated 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,” the statement added.
On Mahdi, the Council found that the judge had three different dates of birth listed (10 December, 28 January, and July, all in 1959) despite his actual birth year being 1952.
This discrepancy meant he should have retired 12 years ago, according to the statement.
The Council deemed this a violation of Rule 02908 (i) and (ii) of the Public Service Rules, 2021, and recommended his compulsory retirement to the Governor of Yobe State, along with an order to refund all salaries and allowances received over the past 12 years.
Meanwhile, the Council has also recommended 36 individuals for judicial appointments across various courts in the country.
The appointments include judges for State High Courts, Kadis for Sharia Courts of Appeal, and judges for Customary Courts of Appeal.
Usman Mustapha is a solution journalist with International Centre for Investigative Reporting. You can easily reach him via: umustapha@icirnigeria.com. He tweets @UsmanMustapha_M