The National Judicial Council (NJC) yesterday wielded its big stick on the Chief Judge of Imo State, Justice T. E. Chukwuemeka Chikeka and the Grand Kadi of Yobe State, Kadi Babagana Mahdi for age falsification.
They were recommended for compulsory retirement.
The stick also came heavily on Justice G.C. Aguma of the Rivers State High Court and Justice A. O. Nwabunike of the Anambra State High Court who were sent on suspension for one year each without pay for judicial misconduct.
In addition, they were placed on ‘watch list for two years after the suspension.
The council also empanelled a committee to investigate all complaints and petitions against the Chief Judge of Osun State, Justice O. A. Ojo.
These decisions were the highlights of the 107th meeting of the NJC which took place in Abuja between Wednesday and Thursday.
Spokesperson for the council, Kemi Babalola-Ogedengbe said in a statement yesterday that the decisions stemmed from the report of NJC’s Preliminary Complaints Assessment Committee, which considered a total number of 30 petitions.
It empanelled six committees for further investigation.
The NJC dismissed 22 petitions filed against judges for lacking in merit and found that two were sub judice.
Babalola-Ogedengbe, in the statement, said the council’s findings revealed that Justice 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.”
In the case of Justice Nwabunike 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,” Babalola-Ogedengbe said.
Continuing, she said: “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 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 four 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.
“The council also finds that the allegations of inducement to the tune of $1million, a bullet-proof car and gift of a plot of land to Hon. Justice Lifu by Chief Emeka Beke, Chairman, All Progressives 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.
