Mohammed Shosanya
The National Judicial Council has recommended the compulsory retirement of two Heads of Court.
Besides,the body suspended two Judges from office for one year without pay and placed them on watch-List for a period of two years thereafter, just as it
cautioned one head of court.
It has also empanelled seven committees to investigate allegations of judicial misconduct levelled against some judicial officers in the country.
These far reaching decisions were taken
at the 107th meeting of NJC held under the Chairmanship of the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, on the 13 and 14 of November 2024.
The NJC at its meeting,suspended Justice G. C. Aguma of the 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, 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 duo of the Chief Judge of Imo State, 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’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 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 a 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 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” Kemi Babalola-Ogedengbe, Esq, Deputy Director (Information) NJC, stated this on Friday.
She said the Council equally considered the Report of its Preliminary Complaints Assessment Committee, which considered a total number of 30 petitions, and subsequently 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.
