Judiciary

THE National Judicial Council (NJC) under the Chairmanship of Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, sanctioned five serving judicial officers for various acts of misconduct.

This is contained in a statement issued by NJC Deputy Director of Information, Kemi Babalola-Ogedengbe on Friday in Abuja.

The council suspended Justices G. C. Aguma of High Court of Rivers State and A. O. Nwabunike of Anambra  High Court from performing judicial functions for a period of one year without pay and also placed on “Watch-List” for two years thereafter.

The council’s findings revealed that 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.

It said 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.

The judgment was delivered on July 15, 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 July 16, 2020.

The council’s findings further noted that the speed with which Aguma took and granted the order absolute against the judgment debtors showed that he had an interest.

The council said Aguna 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 Justice A. O. Nwabunike of Anambra, council found him to have breached the provisions of Rule 3.1 of the Revised Code of Conduct for judicial officers of the Federal Republic of Nigeria, 2016.

Nwabunike 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.

It also recommended two Heads of Court for compulsory retirement over falsification of age.

They are the Chief Judge of Imo, Justice T. E. Chukwuemeka Chikeka and the Grand Kadi of Yobe, Babagana Mahdi.

Justice T. E. Chukwuemeka Chikeka was recommended to the Governor of Imo  for compulsory retirement with effect from Oct. 27, 2021, while all salaries and allowance received in excess by His Lordship from Oct. 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; Oct. 27,  1956 and Oct. 27, 1958.

However, council held that Oct. 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 Oct. 27, 1958.

Similarly, Mahdi had three different dates of birth (Dec. 10, 1959,  Jan. 28, 1959 and July) while his actual date of birth was 1952.

The NJC held that  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 NJC therefore, resolved to recommend  Mahdi for compulsory retirement to the Governor of Yobe  and that he should refund all salaries and allowances received for the past 12 years.

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.

The News Agency of Nigeria (NAN) reports that 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.

The NJC at its meeting, also issued letter of caution to Justice I. A. Jamil of Kogi  to be more circumspect in handling sensitive matters in the future.

It further resolved to issue letter of caution to Justice J. J. Majebi, Chief Judge, Kogi , 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 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 one million dollars, a bullet-proof car and gift of a plot of land to Justice Lifu by Chief Emeka Beke, Chairman, All Progressive Congress, (APC), Rivers  were not substantiated in any form.

The NJC also said it found that the same parties who appeared before the High Court in Rivers, also appeared before Lifu at the Federal High Court in Abuja, but failed to disclose or bring to the notice of the 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 High Court, after the case at the Federal High Court, Abuja had been instituted, suggesting forum shopping.

Council finds that 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 Chapter against 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, it also noted that the ex parte orders are now the subject of appeals.

On the petition by Dr. G. M. Giles-West Clark, Rivers House of Assembly against Justice Joyce Abdulmalik of the Federal High Court, Abuja Division, the council found 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, Council finds that the matters were cases that were commenced during vacation.

It also found that they were urgent matters assigned to vacation Justices and that vacation Judges sit in Abuja.

The 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.

It, thereafter, directed that the President of the Court of Appeal should deal with the assignment of the appeals administratively in the normal course of business.

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

The petition by C. Oforma Agbo 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 Justice Kabir Dabo, High Court of 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 Council’s invitation.

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

Also, at the meeting, council recommended 36 candidates for judicial appointment to their various State Governors.

Those recommended for appointment are eight judges for the High Court, Oyo State, Opayinka, Gabriel
Oyediran Semiu
Oladejo, Olusoji Moses
Ademola-Salami, Oluwaseun Toluwanimi
Adesina, Jimoh Adam
Adekunle, Yemi Saubana
Adepoju, Olutola Jolade Adenike
Muraina, Olayemi Rasaq

Others are four Judges for the High Court, Kebbi:
Muhammad, Kwaido Hassan
Ibrahim, Umar Halima
Jagwadeji, Suru Lauratu
Muhammad, Nuruddeen

Others are seven Judges for the High Court, Sokoto State
Haruna, Dogondaji Mariya
Sahabi, Jaredi Hadiza
Ahmad, Sha’aibu
Hassan, Fatima
Mohammed, Sa’idu Fatima
Muhammad, Nura Bello
Moyi, Abubakar

Council also recommended six Judges for the High Court, Akwa Ibom:
Ekanem, James Bassey
Umohandi, Mfon Winifred
Essien, Bassey Iwakaowo
Morrison, Henry Comfort
Ntekim, Edet Ekpo
Eddie, Julius Sharon

Council further recommended seven Kadis, Sharia Court of Appeal, Sokoto State
Muhammad, Abdulazeez Yar’Abba
Lawal, Isa Abubakar
Bello, Sokoto Ibrahim
Imam, Abubakar Bello
Muhammad, Abibu Lawal
Ibrahim, Bodinga Umar
Kabiru, Marnona Umar

Two Kadis, Sharia Court of Appeal, Kebbi State
Aliyu, Kabir, SAN
Bello, Muhammad Atiku

Two Judges, Customary Court of Appeal, Oyo State
Oyediran, Safiya Amope
Ojekunle, Ojeyemi Ademola

All recommended candidates are expected to be sworn in by their respective State Governors. (NAN)

15th November, 2024.

C.E.

Tags: National Judicial Council

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