The National Judicial Council, NJC, has recommended the compulsory retirement of Imo State Chief Judge Hon. Justice T. E. Chukwuemeka Chikeka and the Grand Kadi of Yobe State, Hon. Kadi Babagana Mahdi over age falsification
It also 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.
Justice A. O. Nwabunike of the Anambra State High Court was also suspended for one year without pay and placed on “Watch List” for two years thereafter.
The NJC, which is headed by the Chief Justice of Nigeria, CJN, Justice Kudirat Kekere-Ekun, said the decision to sanction the two judges was taken at its 107th meeting that was held on November 13 and 14, 2024.
In a statement it made available to newsmen through its Deputy Director (Information), Kemi Babalola-Ogedengbe, the NJC disclosed that the Imo state CJ 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 statement said, “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.”
The Council equally considered the report of its Preliminary Complaints Assessment Committee, which considered a total number of 30 petitions and empanelled six committees for further investigation.
Twenty-two complaints were dismissed for lacking in merit, while two were sub judice.
The Council also empanelled a Committee to investigate all complaints and petitions against Justice O. A. Ojo, the Chief Judge, Osun State.
The Council’s findings revealed that 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 found 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 found that the speed with which Justice Aguma took and granted the order 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.
n the part of 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.
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