NJC recommends compulsory retirement of court heads over age falsification, other judges face sanctions

The NJC announced this on Friday, among other disciplinary actions it took against other judges, including warnings, work-without-pay and watch listing over various acts of misconduct.

The National Judicial Council (NJC) has sanctioned two court heads for falsifying their ages.

The NJC recommended the duo of the Chief Judge of Imo State, T. E. Chukwuemeka Chikeka, and the Grand Kadi of Yobe State, Babagana Mahdi, for compulsory retirement. The recommendation is expected to be acted on by their respective state governors.

The council announced this in a statement on Friday, among other disciplinary actions it took against other judges, including warnings, work-without-pay and watch listing over various acts of misconduct.

The statement by NJC’s Deputy Director (Information), Kemi Babalola-Ogedengbe, said the council took the decisions during its two-day meeting held on Wednesday and Thursday.

It was the first extensive meeting of the NJC to be chaired by the Chief Justice of Nigeria (CJN), Kudirat Kekere-Ekun, since taking office in August.

Although investigations of the various acts of misconduct likely predated Ms Kekere-Ekun taking the dual roles of the CJN and the NJC chair, the rollout of sanctions against erring judges appears to align with her vow at inauguration to restore discipline to the bench amid crashing public confidence in the Nigerian judiciary.

The council’s statement said while Mr Chieka, the Chief Judge of Anambra State, was found to have two different dates of birth – 27 October 1956 and 27 October 1958, Mr Mahdi, the Grand Khadi of Yobe State, had three – 10 December, 28 January and July, all in 1959.

Through the falsification, the judges gained additional years of service beyond their due retirement age.

NJC said Friday that its investigative panel found that 27 October 1956, appeared to be Mr Chieka’s consistent date of birth, “but in 2006, the Chief Judge swore to an affidavit changing the date of birth to 27 October 1958.”

For Mr Mahdi, the statement said NJC’s findings found his actual date of birth to be 1952, and by falsifying his age, already extended his retirement age by 12 years.

The council recommended their compulsory retirement and refund of salaries and allowances they took during their illegitimate overstay in service.

“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 statement said.

It added Mr Mahdi was recommended “for compulsory retirement to the Governor of Yobe State and that he should refund all salaries and allowances received for the past 12 years.”

Age falsification is a recurrence among Nigerian judges, which many believe is not adequately punished by the NJC.

Many observers argue that merely compulsorily retiring those involved and ordering them to refund illegitimately earned salaries and allowances is inconsistent with the high moral standards expected of judges.

Compulsorily retired judges are entitled to all their retirement benefits.

Meanwhile, age falsification for illicit gains is a criminal offence which falls under the purview of law enforcement agencies like the Independent Corrupt Practices and other related offences Commission (ICPC). But no judge sanctioned for such violations has faced prosecution over it in the recent past.

Suspension, other sanctions

Read extracts of NJC statement on other sanctions imposed on other erring judges:

Also, Hon. Justice A. O. Nwabunike of Anambra State High Court, has been 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 of the Chief Judge of Imo State, Hon. 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 6 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 Hon. Justice O. A. Ojo, Chief Judge, Osun State.

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.

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.