The National Judicial Council (NJC) found two Heads of Court guilty of age falsification as of Friday. Investigations revealed that Hon. Justice T. E. Chukwuemeka Chikeka, the Chief Judge of Imo State, and Hon. Kadi Babagana Mahdi, the Grand Kadi of Yobe State, had falsified their ages to remain in their positions.
As a result, the NJC, which has the authority to discipline errant judicial officers, recommended the compulsory retirement of both judges. The decision was made during the NJC’s 107th meeting, held on November 13 and 14, 2024. The NJC is led by the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun.
In a statement released by the Deputy Director of Information, Kemi Babalola-Ogedengbe, the NJC disclosed that it recommended the compulsory retirement of the Chief Judge of Imo State, Hon. Justice Chikeka, to Governor Hope Uzodinma, effective October 27, 2021. The council also ordered that all salaries and allowances received by the Chief Judge in excess of that date be refunded.
The council found inconsistencies in the Chief Judge’s declared dates of birth, which were October 27, 1956, and October 27, 1958. The first date appeared to be the consistent one, but in 2006, he swore an affidavit changing his date of birth to October 27, 1958.
Similarly, the NJC found that Hon. Kadi Mahdi had three different dates of birth—10 December, 28 January, and July—all in 1959—when his actual date of birth was 1952. The council determined that Grand Kadi Mahdi committed misconduct by violating Rule 1(i) and (ii) of the Public Service Rules, 2021, and should have retired 12 years ago. Consequently, the NJC recommended his compulsory retirement to the Governor of Yobe State and called for the refund of all salaries and allowances received over the past 12 years.
Additionally, Justice G. C. Aguma, a judge of the Rivers State High Court, was suspended from performing judicial functions for one year without pay and placed on a “Watch List” for two years thereafter. Similarly, Justice A. O. Nwabunike of the Anambra State High Court received a one-year suspension without pay and was also placed on a “Watch List” for two years.
The NJC found that Hon. Justice G. C. Aguma committed misconduct by aiding a litigant, who had obtained a judgment at the FCT High Court in Abuja, in filing a garnishee against judgment debtors in the Bori Division of the High Court of Rivers State. Justice Aguma failed to question why the garnishee proceedings were brought to his court for a money judgment that could have been enforced in Abuja.
The judgment was delivered on July 15, 2020, at the High Court of the FCT, with the certificate of judgment registered at the Bori Division of the High Court of Rivers State on July 16, 2020. The council noted that the speed with which Justice Aguma granted the order absolute against the judgment debtors indicated a conflict of interest, especially since he disregarded a stay of execution on the judgment that favored the debtors, which had been brought to his attention.
In the case of Hon. Justice A. O. Nwabunike, the NJC found him to have violated 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* due to a different interpretation of the term “aspirant” and abused his judicial powers by granting ex parte orders without a Motion on Notice filed alongside the Originating Summons.
The NJC reviewed the report from its preliminary complaints assessment committee, which addressed a total of 30 petitions. Of these, 22 were dismissed for lack of merit, and two were found to be sub judice. The council also formed a committee to investigate all complaints against Hon. Justice O. A. Ojo, the Chief Judge of Osun State, and recommended the appointment of 36 new High Court judges.
Moreover, the council issued cautionary letters to Hon. Justice I. A. Jamil of Kogi State, urging him to be more cautious in handling sensitive matters in the future, and to Hon. Justice J. J. Majebi, the Chief Judge of Kogi State, for assigning a sensitive case to a junior judge. The council also discussed four petitions against Hon. Justice Peter O. Lifu of the Federal High Court, Abuja, and dismissed one petition filed by Mr. Douglas W. Chukwu, the Secretary of the Rivers State Independent Electoral Commission, as the petitioner had previously indicated an interest in participating in the hearing.
The Committee found that several individuals failed, neglected, and refused to appear before them.
“The Council also determined that allegations of inducement amounting to $1 million, a bulletproof car, and a plot of land gifted to Hon. Justice Lifu by Chief Emeka Beke, Chairman of the All Progressive Congress (APC) in Rivers State, were not substantiated in any way.
“It was also discovered that the same parties who appeared before the High Court in Rivers State also attended sessions with Hon. Justice Lifu at the Federal High Court in Abuja but did not disclose the existence of an ongoing sister case at the Rivers State High Court.
“The Council noted that the alleged misconduct was instigated by the petitioners who filed the case at the Rivers State High Court after the case at the Federal High Court in Abuja had been initiated, indicating potential forum shopping.
“The Council found that Hon. Justice Lifu did not exhibit any personal interest in the matter and did not misconduct himself in the proceedings. Additionally, the complaints outlined in the petition are now subject to appeal by the petitioners.
“Similarly, the Council dismissed two petitions filed by Abednego Oli Benjamin, Chairman of the Boot Party in Rivers State, against Hon. Justice Lifu, concluding that the bribery and corruption allegations against the judge were unsubstantiated.
“It was also determined that there was no evidence of misconduct regarding the ex parte orders issued by the judge. Moreover, the Council noted that these ex parte orders are now subject to appeals.
“Regarding the petition by Dr. G. M. Giles-West Clark from the Rivers State House of Assembly against Hon. Justice Joyce Abdulmalik of the Federal High Court, Abuja Division, the Council found the petition unsubstantiated as it lacked a verifying affidavit.
“On the petition against the Court of Appeal filed by Aham Eke-Ejelama, SAN, the Council found that the matters in question began during a vacation period. They were urgent cases assigned to vacation judges, who sit in Abuja. The assertion that the appellants’ counsel applied to be heard in Abuja was deemed incorrect, as only a head of court can assign vacation cases. Consequently, the Council dismissed the petition for lack of substance.
“The Council instructed that the President of the Court of Appeal should handle the assignment of the appeals as part of the normal course of business.
“Furthermore, the petitions against Hon. Justice Peter C. Obiora, JCA, formerly of Anambra State High Court, and Hon. Justice I. S. Yerima, Chief Judge of Oyo State, were discontinued by the petitioners through notices of discontinuance served to the Council.
“The petition filed by Hon. C. Oforma Agbo JP against Hon. 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 of the High Court of Justice, Kaduna State, by Alhaji Samaila Musa, was dismissed as unmeritorious, since the judge did not violate any law by issuing a bench warrant for the petitioner’s arrest.
“Additionally, the petition by Hopeson Dike against Hon. Justice Stephen Dalyop Pam of the Federal High Court was disregarded because the petitioner abandoned it and failed to respond to the Council’s invitation.
“While the National Judicial Council (NJC) is prepared to sanction errant judicial officers, it must also protect them from unfounded allegations.
“The Council resolved that legal practitioners who engage in, or collude with litigants to file frivolous petitions aimed at blackmailing judicial officers will be reported to the Legal Practitioners’ Disciplinary Committee (LPDC) or the Legal Practitioners’ Privileges Committee (LPPC) for appropriate action.
“Finally, during the meeting, the Council recommended thirty-six (36) candidates for judicial appointments to their respective state governors,” the statement concluded.
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