NJC Sanctions 4 Judges For Misconduct, Age Falsification

The National Judicial Council (NJC) has suspended Justice G. C. Aguma of the Rivers State High Court from performing judicial functions for a period of one year without pay.

Similarly, Justice A. O. Nwabunike of the Anambra State High Court was suspended for one year without pay and placed on “Watch List” for two years.

The judicial body also ordered the retirement of two other heads of court for age falsification.

Those found guilty of age falsification and recommended for compulsory retirement are the chief judge of Imo State, Justice Chukwuemeka Chikeka and Grand Kadi of Yobe State, Kadi Babagana Mahdi.

The council cleared Justice Peter Lifu of any wrongdoing, saying he neither exhibited personal interest in the Rivers State matter nor misconducted himself in the proceedings.

The NJC, headed by the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, said the decision to sanction the judges was taken at its 107th meeting held on November 13 and 14, 2024.

In a statement made available to newsmen yesterday through its deputy director (Information), Kemi Babalola-Ogedengbe, the NJC said the Imo State chief judge was recommended to Governor Hope Uzodinma for compulsory retirement with effect from October 27, 2021, with all salaries and allowances he received in excess from the said date refunded to the council.

“The recommendation was pursuant to the findings of the council that His Lordship has two different dates of birth: 27th October, 1956 and 27th October, 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 27th October, 1958.

“Similarly, the council finds that Hon Kadi Mahdi has three different dates of birth (10th December, 28 January, and July) all in 1959, while his actual date of birth is 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 NJC said.

Also, the council suspended a judge of the Rivers State High Court, Justice G. C. Aguma, 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 15th 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 16th 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.

“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,” NJC said.

The council said it considered the report of its Preliminary Complaints Assessment Committee, which considered a total number of 30 petitions, and empanelled six committees for further investigation.

It disclosed that whereas 22 of the petitions were dismissed for lacking in merit, two were considered to be sub judice.

NJC said it also empanelled a committee to investigate all complaints and petitions against Hon. Justice O. A. Ojo, Chief Judge of Osun State, even as it recommended the appointment of 36 new High Court judges.

“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 a 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 in participating 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 bulletproof car, and the 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.

Similarly, the 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), the council said the matters were cases that were commenced during vacation.

It also discovered that they were urgent matters assigned to vacation justices who sat in Abuja.

The council said the assertion that the appellants’ counsel applied to be heard in Abuja was not correct, as only a head of court can assign vacation cases.

Consequently, the NJC dismissed the petition for lacking in substance.

It directed the president of the Court of Appeal to deal with the assignment of the appeals administratively in the normal course of business.

Also, the petitions against Justice Peter C. Obiora, JCA, formerly of Anambra State High Court, and Hon Justice I. S. Yerima, Chief Judge, Oyo State, were discontinued by the petitioners through notices of discontinuance served on the council.

The petition by Hon C. Oforma Agbo (JP) against Justice Comfort C. Ani of the Enugu State High Court was investigated, and no evidence of judicial misconduct was found against the judge.

The petition against Hon Justice Kabir Dabo, High Court of Justice, Kaduna State, by Alhaji Samaila Musa, was dismissed for being unmeritorious, as the judge did not violate any law by issuing a bench warrant for the arrest of the petitioner.

Furthermore, the petition by Hopeson Dike against Justice Stephen Dalyop Pam of the Federal High Court was discountenanced as the petitioner abandoned it and failed to honour the NJC’s invitation.

The council said it was ready to sanction erring judicial officers as it has a duty to protect them against unfounded allegations.

The council resolved that legal practitioners who, by themselves or in collusion with litigants, write frivolous petitions to blackmail the judicial officers would be reported to the Legal Practitioners’ Disciplinary Committee (LPDC) or the Legal Practitioners’ Privileges Committee (LPPC) for appropriate action.