In the last twelve months, the National Judicial Council (NJC) has sanctioned at least eight heads of courts and judges found wanting in the discharge of their professional duties.
Judicial officers account for some of the misconducts within Nigeria’s justice sector, often occasioning a miscarriage of justice, punishment of the just and commendation of the unjust. A 2023 observation by the National Bureau of Statistics (NBS) found that judges were Nigeria’s biggest bribe recipients, collecting N721 billion in cash bribes.
Statistica, a data intelligence website, put the numerical strength of Nigerian judicial officers at 705 men and 286 women as of 2018.
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Here is a rundown of erring judges who have been sanctioned for misconduct by the NJC in the most recent months.
COMPULSORILY RETIRED
Born on September 23, 1962, at Ile-Ogbo in the Ayedire Local Government Area of Osun State, Justice Sakariyah Oyejide Falola of Osun State High Court system was compulsorily retired by the NJC in December 2023.
Falola wrongly and questionably granted a garnishee order absolute (an order usually granted where a party to a monetary judgment has failed to pay up their debt) against Polaris Bank and not the actual party with a direct responsibility to pay the judgment debt of N283,174,000.
The judge also held a private meeting with the bank’s counsel in Lagos State, a disreputable act that runs against the code of conduct for judges in Nigeria.
“They [an NJC panel] found that the subject judge misconducted himself by entertaining suit No HIK/41/2018 when there was no evidence of a judgment of the Kwara State High Court before him, neither was there a certificate of registration of same in Osun State to confer jurisdiction on him. It further found the conduct of the subject judge travelling to Lagos to visit the Counsel of the Bank in his Chambers on the issue of garnishee proceedings, unbecoming of the standard expected of a judicial officer,” the NJC wrote.
BARRED FROM PROMOTION
In May, the NJC punished another cohort of judges found to have desecrated the sanctity of their office.
First off, Federal High Court Justice Inyang E. Ekwo was barred from being promoted within a two-year period for abusing his discretionary power when he wrongly granted an ex parte order in a case marked FHC/ABJ/C/626/2023 between Juliet Ebere Nwadi Gbaka & 2 others and Seplat Energy Plc & 12 others.
Justice Inyang E. Ekwo.
Similarly, Justice Godwin Brikins-Okolosi of Delta State High Court was warned by the NJC because he unconstitutionally delayed the delivery of judgment in a case marked A/94/2010 between Joseph Anene Okafor and Skye Bank.
For that reason, the body embargoed any opportunity for him to be promoted for three years.
Another judge from Yobe State High Court also got a note of caution for his misconduct. Amina Shehu, the judge, empowered a litigant to assume ownership over a property without evidence of prior judgment to that effect.
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“Council cautioned Hon. Justice Amina Shehu of Yobe State High Court for issuing Writ of Possession Conferring Title on the Defendant in Suit No YBS/HC/NNR/1cv/2020 when there was no subsisting judgment of any Court to enable His Lordship issue the Writ,” the NJC wrote.
SUSPENDED, PLACED ON WATCHLIST
At its November meeting, the NJC revealed that five serving judges committed infractions worthy of its punishments.
Justice G. C. Aguma of the High Court of Rivers State was barred from functioning as a judge for one year without pay and was further placed on a watchlist for two years thereafter.
Justice G.C. Aguma.
Aguma deliberately aided a litigant, who obtained a judgment on July 15, 2020, at the FCT High Court, Abuja, to file a garnishee proceeding against defaulting parties in a case in the Bori Division of the Rivers State High Court on July 16 of the same year.
Such an application was legally meant to be done in the same jurisdiction where the main judgment was obtained. But Aguma raised no eyebrow and conveniently entertained the application.
As if he had a vested interest in the matter, the judge speedily delivered a favourable order to the litigant.
“The council further finds that the speed with which the Hon. 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,” the NJC stated in November.
Like Aguma, like Justice A. O. Nwabunike of Anambra State High Court. The NJC suspended Nwabunike for a year without pay and added his name to a watchlist for another two years.
Justice A.O. Nwabunike.
Nwabunike’s offence was the breaching of the provision of Rule 3.1 of the Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria, 2016, which states that “A Judicial Officer should be true and faithful to the Constitution and the Law, uphold the course of justice by abiding with provisions of Constitution and the Law and should acquire and maintain professional competence”.
“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,” said the NJC.
AGE FALSIFICATION, COMPULSORY RETIREMENT
At the same November meeting, two heads of court in Imo State and Yobe State were recommended for compulsory retirement over age falsification, with one of them ordered to “refund all salaries and allowances received for the past 12 years”.
Former Imo State Chief Justice T. E. Chukwuemeka Chikeka was recommended to the Governor of Imo State for compulsory retirement with effect from October 27, 2021. Additionally, he was ordered to refund all salaries and allowances he had received in excess from that date until November.
Justice T.E. Chukwuemeka Chikeka.
Grand Kadi Babagana Mahdi’s case was spectacularly unique. He not only falsified his age but had three different dates of birth.
Meanwhile, Mahdi ought to have retired 12 years ago, according to his actual birth date.
“Similarly, Council finds that Hon. Kadi Mahdi has three 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 said.
Grand Kadi Babagana Mahd.
“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.”
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These decisions were informed by various petitions written to the NJC against these judges who acted dishonourably in the discharge of their official duties.
Several other petitions against more judges were also dismissed for some reasons such as lack of evidence and failure of some petitioners to defend their claims.
The post TIMELINE: 8 Judges’ Disreputable Conducts in 12 Months appeared first on Foundation For Investigative Journalism.