Why NJC sacks Imo, Yobe judges for age falsification
The National Judicial Council has recommended two heads of court for compulsory retirement over judicial misconduct.
Chaired by the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, the council, at its 107th meeting held on November 13 and 14, 2024, recommended the duo of the Chief Judge of Imo State, Justice T. E. Chukwuemeka Chikeka, and the Grand Kadi of Yobe State, Kadi Babagana, for compulsory retirement for falsification of age.
This was disclosed in a statement signed by the council’s Deputy Director of Information, Kemi Babalola-Ogedengbe, on Friday, in Abuja.
According to the statement, Justice Chikeka was recommended to the Governor of Imo State for compulsory retirement with effect from October 27, 2021.
Justice Chikeka was also directed to refund to the council, all salaries and allowances received in excess from October 27, 2021, till date.
The decision was pursuant to the findings of the council that the Imo CJ had two different dates of birth; October 27, 1956, and October 27, 1958.
It was however noted that 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 October 27, 1958.
Similarly, the council found that Kadi Mahdi of Oyo State had three different dates of birth –December 10, January 28 and July, all in 1959, while his actual date of birth is 1952.
The council held that Babagana, the Grand Kadi of Yobe, 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, recommended Babagana for compulsory retirement to the governor of the state, and that he should refund all salaries and allowances received for the past 12 years.
Similarly, the council suspended Justice G. C. Aguma of High Court of Rivers State from performing judicial functions for a period of one year without pay, and also placed him on “Watch-List” for two years thereafter.
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Likewise, Justice A. O. Nwabunike of Anambra State High Court was suspended from performing judicial functions for one year without pay and was also placed on “Watch-List” for two years.
The statement disclosed that the council considered the report of its Preliminary Complaints Assessment Committee, which considered a total number of 30 petitions, and empaneled six committees for further investigation, while 22 were dismissed for lacking in merit, and two were subjudice.
Meanwhile, the council also said it found Justice A. O. Nwabunike of Anambra State 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 was also said to have 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.
Justice I. A Jamil of Kogi State High Court who granted the fundamental human rights suit of the immediate past governor of Kogi State, Yahaya Bello, against the EFCC was also issued a letter of caution to be more circumspect in handling sensitive matters in the future.
Recall that Justice Jamil in a ruling on February 9, 2024, issued an interim order restraining the EFCC from arresting, detaining, persecuting or prosecuting Bello over pending the determination of the suit.
The Council further resolved to issue a letter of caution to the Chief Judge of Kogi State, Justice J. J. Majebi, for assigning a sensitive matter to a junior judge on the bench.
The council also deliberated on four petitions against Justice Peter Lifu of the Federal High Court, Abuja.
Recall that the Rivers State High Court in Port Harcourt had issued a judgment on the Rivers State local government council election, instructing the Independent National Electoral Commission to release voters register to the River State Independent Electoral Commission, for the conduct of the local government polls.
However, Justice Lifu, in a judgment bordering on same matter, barred INEC from releasing the voters’ register to RSIEC for the conduct of the state local government polls.
He also restrained security agencies from providing protection for the conduct of the polls.
