Why NJC hammer fell on Justices Aguma, Nwabunike, 3 others

 

 

The National Judicial Council, NJC, has weilded the big stick against five serving judges.

While two of the judges were recommended for suspension without pay for one year and also placed on a watch list, two others were recommended for retirement for age falsification and another cautioned by the NJC.

The justices who received the NJC sanctions are G.C Aguma from Rivers State High Court and Justice A. O Nwabunike of the Anambra State High Court.

Others are Justice T. E. Chukwuemeka Chikeka, the Chief Judge of Imo State, Kadi Babagana Mahdi, Grand Kadi of Yobe State and Justice A.I Jamil of Kogi State.

The NJC had at its 107th Meeting held on November 13 and 14, 2024, and chaired by Chief Justice of the country, Justice Kekere-Ekun 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.

It also suspended Justice A. O. Nwabunike of Anambra State High Court from performing judicial functions for one year without pay and placed on “Watch-List” for two years.

 

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

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

In a statement signed by Kemi Babalola-Ogedengbe, NJC Deputy Director (Information), on Friday, the Council said it equally considered the report of its Preliminary Complaints Assessment Committee, which considered a total number of 30 petitions, which were referred to six Committees for further investigation. While 22 were dismissed for lacking in merit, two were sub judice.

The NJC also set up a panel to investigate all complaints and petitions against Justice O. A. Ojo, Chief Judge of Osun State.

The Committees 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 judgment debtors in Bori Division of the High Court, Rivers State.

It also 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.

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 NJC further discovered that the speed with which the 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 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.

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 NJC’s recommendation followed the findings that the judge 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, the Council found that 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 NJC, 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 at its meeting, also issued letter of caution to Hon. Justice I. A. Jamil of Kogi State to be more circumspect in handling sensitive matters in the future.

Justices AgumaNJCNwabunike
Comments (0)
Add Comment