Justices G.C. Aguma of the Rivers State High Court and A.O. Nwabunike of the Anambra State High Court in Nigeria have been suspended from their positions by the National Judicial Council (NJC).
The suspension, which will last for one year without pay, will be followed by a two-year period on the NJC’s watchlist.
This decision was announced in a statement released on Friday after the NJC’s 107th meeting, chaired by the Chief Justice of Nigeria, Honourable Justice Kudirat Kekere-Ekun, held on 13th and 14th November 2024.
In total, five serving judicial officers were disciplined for various forms of misconduct, with the NJC also recommending the compulsory retirement of two heads of courts due to age falsification.
The Chief Judge of Imo State, Honourable Justice T.E. Chukwuemeka Chikeka, and the Grand Kadi of Yobe State, Honourable Kadi Babagana Mahdi, were found guilty of falsifying their ages and were recommended for immediate retirement.
The NJC statement explained:
“The Council also reviewed the Report of its Preliminary Complaints Assessment Committee, which considered 30 petitions, empanelled six Committees for further investigation, and dismissed 22 petitions for lack of merit, while two were considered sub judice.”
The NJC has also constituted a Committee to investigate all complaints against Honourable Justice O.A. Ojo, Chief Judge of Osun State.
Findings Against Suspended Judges
The NJC found that Justice G.C. Aguma engaged in misconduct by aiding a litigant who obtained a judgment from the High Court of the Federal Capital Territory, Abuja, and subsequently filed garnishee proceedings in Bori Division of the High Court of Rivers State. Justice Aguma failed to question why the proceedings were brought to his court and acted swiftly to grant orders against judgment debtors, despite a stay of execution order granted by the Bwari High Court in Abuja.
Justice A.O. Nwabunike was found to have breached judicial ethics by misinterpreting legal terms, granting ex parte orders without accompanying motions, and failing to adhere to established legal precedents.
Age Falsification Cases
Justice T.E. Chukwuemeka Chikeka was recommended for retirement effective from 27th October 2021, with an order to refund all excess salaries received since that date. The NJC found inconsistencies in his stated date of birth, with evidence showing two different dates: 27th October 1956 and 27th October 1958.
Similarly, Kadi Babagana Mahdi was found to have used three different birthdates—10th December 1959, 28th January 1959, and July 1959—while his actual birth year was determined to be 1952. The NJC stated that he should have retired 12 years ago and recommended his compulsory retirement, along with a refund of all salaries and allowances received since then.
Additional Decisions
The Council also issued cautionary letters to judicial officers, including Justice I.A. Jamil and Justice J.J. Majebi of Kogi State, urging greater circumspection in handling sensitive matters.
The NJC dismissed several petitions against other judges for lack of evidence or merit, while noting that some complaints were subject to ongoing appeals.
Recommendations for Judicial Appointments
The NJC recommended the appointment of 36 judicial officers across various states, including:
- Oyo State High Court: 8 judges
- Kebbi State High Court: 4 judges
- Sokoto State High Court: 7 judges
- Akwa Ibom State High Court: 6 judges
- Sokoto State Sharia Court of Appeal: 7 Kadis
- Kebbi State Sharia Court of Appeal: 2 Kadis
- Oyo State Customary Court of Appeal: 2 judges
All recommended candidates are expected to be sworn in by their respective state governors.
The NJC reaffirmed its commitment to holding judicial officers accountable while protecting them against baseless accusations. It warned that legal practitioners who file frivolous petitions would face disciplinary action from the Legal Practitioners’ Disciplinary Committee or Legal Practitioners’ Privileges Committee.
