Recommends 2 others for compulsory retirement over age falsification
The National Judicial Council (NJC) has sanctioned five serving judicial officers for various acts of misconduct.
The Council specifically suspended 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.
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.
Also suspended at the 107th meeting of the Council held on 13 and 14 November 2024, is Hon. Justice A. O. Nwabunike of Anambra State High Court.
He was suspended from performing judicial functions for one year without pay and placed on “Watch-List” for two years thereafter.
Justice A. O. Nwabunike was found 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 Council also recommended compulsory retirement for two Heads of Court over falsification of age.
They are the Chief Judge of Imo State, Justice T. E. Chukwuemeka Chikeka and the Grand Kadi of Yobe State, Kadi Babagana Mahdi.
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.
On the part of Grand Khadi of Yobe State, Khadi Babagana Mhadi, the Council finds that he 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.”
A statement signed by Kemi Babalola-Ogedengbe, NJC Deputy Director (Information), on Friday said: “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.
Specifically 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 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.
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 Hon. 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 Hon. Justice Lifu at the Federal High Court in Abuja, but failed to disclose or bring to the notice of the Hon. 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.
Council finds that Hon. 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, Council dismissed the two petitions by Abednego Oli Benjamin, Chairman, Boot Party, Rivers State Chapter against Hon. Justice Lifu, as it finds the allegations of bribery and other corrupt practices against the Subject Judge were unsubstantiated. It also finds 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 Hon. Justice Joyce Abdulmalik of the Federal High Court, Abuja Division, the Council finds 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, Council finds that the matters were cases that were commenced during vacation. It also finds 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 also empanelled a Committee to investigate all complaints and petitions against Hon. Justice O. A. Ojo, Chief Judge, Osun State.
Meanwhile, the Council recommended 36 candidates for judicial appointment to their various state Governors. They include eight Judges, for High court of Oyo state; four judges for High court of Kebbi state; seven judges of High Court, Sokoto state; six Judges for High Court of Akwa Ibom state; seven Kadis, Sharia Court of Appeal, Sokoto state; two Kadis, Sharia Court of Appeal, Kebbi state and two Judges of Customary Court of Appeal, Oyo state.
