…recommends 36 high court judges for appointment
The National Judicial Council at its 107th meeting held in Abuja, sanctioned five serving Judicial Officers for various acts of misconduct.
Specifically, the Council 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.
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 Council also recommended two Heads of Court for compulsory retirement over falsification of age.
The duo are 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 equally considered the Report of its Preliminary Complaints Assessment Committee, which considered a total number of 30 petitions, empanelled six 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 Justice O. A. Ojo, Chief Judge, Osun State.
This was contained in a statement issued by the Deputy Director (Information), Kemi Babalola-Ogedengbe.
According to the statement, the Council’s findings revealed that Justice Aguma committed acts of misconduct by aiding a litigant who obtained a judgement at the FCT High Court, Abuja, and filed a garnishee against judgement debtors in Bori Division of the High Court, Rivers State.
The statement noted that 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 judgement that could effectively be enforced in Abuja.
The judgement was delivered on July 15, 2020, at the High Court of the FCT, while the certificate of judgement was registered at Bori Division of the High Court of Rivers State on July 16, 2020.
The Council further finds that the speed with which Justice Aguma took and granted the order absolute against the judgement debtors showed that he had an interest, especially as he failed to take into consideration the stay of execution of the judgement granted in favour of the judgement debtors by the Bwari High Court, which had been brought to his attention.
On the part of Justice 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.
Justice Chikeka was recommended to the governor of Imo State for compulsory retirement with effect from October 27, 2021, while all salaries and allowance received in excess by His Lordship from October 27, 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; October 27, 1956 and October 27, 1958.
However, October 27, 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 October 27, 1958.
Similarly, Council finds that Hon. Kadi Mahdi has three different dates of birth (December 10, January 28, 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 Justice I. A. Jamil of Kogi State to be more circumspect in handling sensitive matters in the future.
The Council further resolved to issue a letter of caution to 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 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 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 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.
