Under the leadership of Justice Kudirat Kekere-Ekun, the Chief Justice of Nigeria (CJN), the National Judicial Council has sanctioned five active judges for a variety of misdeeds.
In particular, at its 107th meeting in Abuja, the Council put Justice G. C. Aguma of the High Court of Rivers State on a two-year watchlist and suspended him from carrying out judicial duties for a year.
Additionally, Anambra State High Court Justice A. O. Nwabunike has been placed on a two-year watch list and suspended from carrying out judicial duties for a year.
Additionally, the Council suggested that two Heads of Court be forced to retire due to age fraud.
It was suggested that the Grand Kadi of Yobe State, Kadi Babagana Mahdi, and Chief Judge of Imo State, Justice T. E. Chukwuemeka Chikeka, be forced to retire due to their age fraud.
The report of the Council’s Preliminary Complaints Assessment Committee, which evaluated 30 petitions in total and appointed six committees for more research, was also taken into consideration.
Two complaints were sub judice, while twenty-two were rejected for lack of merit.
A Committee was also appointed by the Council to look into any grievances or petitions directed at Osun State Chief Judge Justice O. A. Ojo.
According to the Council’s conclusions, Justice G. C. Aguma engaged in misconduct by assisting a litigant who filed a garnishee against judgment debtors in the Bori Division of the High Court, Rivers State, and secured a judgment at the FCT High Court, Abuja.
The Council concluded that Justice Aguma did not inquire as to why the garnishee proceedings related to a money judgment that might be successfully executed in Abuja were filed before his court in Bori.
The certificate of judgment was registered at the Bori Division of the High Court of Rivers State on July 16, 2020, while the judgment was delivered in the FCT High Court on July 15, 2020.
Additionally, the Council concluded that Justice Aguma’s quick decision to issue the order against the judgment debtors demonstrated his interest, particularly since he neglected to take into account the Bwari High Court’s stay of execution of the judgment that had been brought to his attention and granted in favor of the judgment debtors.
The Council determined that Anambra State’s Justice A. O. Nwabunike had violated Rule 3.1 of the Federal Republic of Nigeria’s 2016 Revised Code of Conduct for Judicial Officers.
Additionally, he misused his judicial authority by issuing ex parte orders without a Motion on Notice submitted with the Originating Summons and violated the principle of stare decisis due to his varying understanding of the word “aspirant.”
It was suggested that Justice T. E. Chukwuemeka Chikeka be placed on mandatory retirement with effect from October 27, 2021, and that the Council be reimbursed for any excess salary and benefits he received after that date.
“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.”
During its meeting, the Council also sent a letter warning Kogi State’s Justice I. A. Jamil to use greater prudence going forward while dealing with delicate issues.
The Council also decided to send a warning letter to Justice J. J. Majebi, the Chief Judge of Kogi State, for giving a junior judge on the bench a delicate case.
The Council also discussed the following four petitions against Federal High Court, Abuja, Judge Peter O. Lifu:
“Petition by Mr Douglas W. Chukwu, the Secretary of the Rivers State Independent Electoral Commission against 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.”
The same parties that came before the Rivers State High Court also appeared before Justice Lifu at the Federal High Court in Abuja, it was discovered, but they neglected to inform the court of the existence of a sister matter at the Rivers State High Court as well.
The Council observed that the petitioners who brought the matter in the Rivers State High Court after the case at the Federal High Court in Abuja had been instituted really continued the claimed misconduct, implying forum shopping.
The Council observed that the petitioners are now appealing the allegations made in the petition and concluded that Justice Lifu had neither shown personal interest in the issue nor misbehaved during the process.
Abednego Oli Benjamin, the chairman of the Boot Party’s Rivers State chapter, also filed two petitions against Justice Lifu, but the Council rejected them both because it believed the accusations of bribery and other corrupt acts against the subject judge were unfounded.
Additionally, it concluded that the subject judge’s ex parte orders contained no evidence of impropriety. The ex parte orders are currently being appealed, the Council added.
The Council determined that the petition against Justice Joyce Abdulmalik of the Federal High Court, Abuja Division, filed by Dr. G. M. Giles-West Clark of the Rivers State House of Assembly was dismissed because it lacked a supporting affidavit.
According to the Council’s ruling on Aham Eke-Ejelama, SAN’s petition against the Court of Appeal, the cases were started while he was on vacation. Additionally, it was discovered that vacation judges sit in Abuja and that they were allocated urgent cases.
“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 then instructed the Court of Appeal’s President to handle the appeals’ assignment administratively as part of regular business operations.
Additionally, through notifications of cessation lodged on the Council, the petitioners ceased their efforts against Justice I. S. Yerima, Chief Judge of Oyo State, and Justice Peter C. Obiora, JCA, formerly of the Anambra State High Court.
After an investigation into C. Oforma Agbo, JP’s petition against Justice Comfort C. Ani of the Enugu State High Court, no proof of judicial misconduct was discovered against the judge.
Since the judge did not break any laws by issuing a bench warrant for the petitioner’s arrest, Alhaji Samaila Musa’s suit against Justice Kabir Dabo of the High Court of Justice, Kaduna State, was dismissed as unmeritorious.
Furthermore, because the petitioner abandoned it and did not accept the Council’s invitation, Hopeson Dike’s suit against Federal High Court Justice Stephen Dalyop Pam was dismissed.
The Council decided to report lawyers to the Legal Practitioners’ Disciplinary Committee (LPDC) or the Legal Practitioners’ Privileges Committee (LPPC) for appropriate action if they write baseless petitions to blackmail judges on their own or in cooperation with litigants.
The Council also suggested 36 applicants for judicial appointments to different state governors at the conference.
