Judicial Misconduct: NJC wields big stick,  retires two judges,  suspends others

The National Judicial Council under the Chairmanship of the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, has recommended two Heads of Court for compulsory retirement over judicial misconduct.

The council, at its 107th meeting held November 13 and 14, 2024, recommended the duo of the Chief Judge of Imo State, Justice T. E. Chukwuemeka Chikeka and the Grand Kadi of Yobe State, Kadi Babagana Mahdi, for compulsory retirement for falsification of age.

This was disclosed in a statement signed by the council’s Deputy Director of Information, Kemi Babalola-Ogedengbe, on Friday in Abuja.

According to the statement, the council found that Kadi had three different dates of birth (December 10, January 28 and July) all in 1959, while his actual date of birth was 1952.

The findings of the council also revealed that Justice Chikeka has two different dates of birth: October 27, 1956 and October, 27 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 read.

The council also suspended two judicial officers from office for one year without pay and placed them on “Watch-List” for two years.

Specifically, the council suspended Justice G. C. Aguma of the High Court of Rivers State from performing judicial functions for one year without pay and also placed him on a “Watch-List” for two years thereafter.

Likewise, Justice A. O. Nwabunike of Anambra State High Court was suspended from performing judicial functions for one year without pay and placed on “Watch-List” for two years thereafter.

The statement disclosed that the council considered the report of its Preliminary Complaints Assessment Committee, which considered a total number of 30 petitions, and empanelled six committees for further investigation, while 22 were dismissed for lacking in merit, two were sub judice.

The statement read, “The Council also empanelled a committee to investigate all complaints and petitions against Hon. Justice O. A. Ojo, Chief Judge, Osun State.

“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 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 the 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 his part, the council found Justice  Nwabunike of Anambra State 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,” the statement read.