NJC Suspends Justices Aguma and Nwabunike

NJC Suspends Justices Aguma and Nwabunike

The National Judicial Council (NJC), under the leadership of the Chief Justice of Nigeria, Hon. Justice Kudirat Kekere-Ekun, convened its 107th meeting on November 13 and 14, 2024, and resolved to sanction several judicial officers for acts of misconduct.

Among the decisions made was the suspension of two judges and the recommendation for compulsory retirement of two senior judicial officers for falsification of their ages.

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NJC: Suspensions Without Pay

Justice G.C. Aguma of the Rivers State High Court and Justice A.O. Nwabunike of the Anambra State High Court were suspended for one year without pay. Following their suspension, both judges will be placed on a two-year watch list, during which their conduct will be closely monitored.

NJC: Findings Against Justice Aguma

Justice Aguma was found culpable for professional misconduct in aiding a litigant who obtained a judgment from the FCT High Court in Abuja to enforce garnishee proceedings in Bori Division of the Rivers State High Court.
The NJC highlighted several anomalies in Justice Aguma’s actions, including:

  • Failing to question why garnishee proceedings for a judgment issued in Abuja were brought to his court in Rivers State.
  • Granting an order absolute against judgment debtors with undue speed, despite being aware of a stay of execution granted by the Bwari High Court in favor of the judgment debtors.
  • The judgment in question was delivered on July 15, 2020, and registered in the Rivers State High Court on July 16, 2020, raising suspicions of vested interest.

NJC: Findings Against Justice Nwabunike

Justice Nwabunike was found in violation of Rule 3.1 of the Revised Code of Conduct for Judicial Officers of Nigeria (2016). The NJC noted:

  • His failure to follow the principle of stare decisis by issuing differing interpretations of the word “aspirant.”
  • His abuse of judicial authority by granting ex parte orders without accompanying motions on notice.

Compulsory Retirement Recommendations

The NJC recommended the compulsory retirement of two senior judicial officers:

Chief Judge of Imo State, Justice T.E. Chukwuemeka Chikeka

Justice Chikeka was found to have falsified his date of birth. The investigation revealed two conflicting dates of birth—October 27, 1956, and October 27, 1958. Despite consistent records supporting 1956, he swore an affidavit in 2006 to change his birth year to 1958.
The Council recommended that:

  • His retirement take effect retroactively from October 27, 2021.
  • He refund all salaries and allowances received from October 2021 to date.

Grand Kadi of Yobe State, Hon. Kadi Babagana Mahdi

Kadi Mahdi was also implicated in age falsification. Investigations uncovered three different dates of birth attributed to him—December 10, 1959, January 28, 1959, and July 1959. However, his actual date of birth was established as 1952.
The findings indicated that Kadi Mahdi should have retired 12 years ago. The Council recommended:

  • His immediate compulsory retirement.
  • He refund all salaries and allowances received during the 12 years he overstayed in service.

Other Decisions

  • A letter of caution was issued to Hon. Justice I.A. Jamil of Kogi State, advising him to exercise greater care in handling sensitive legal matters.
  • Six investigative panels were empaneled to address petitions against other judicial officers, including a comprehensive review of complaints against Hon. Justice O.A. Ojo, Chief Judge of Osun State.

The NJC also dismissed 22 petitions for lacking merit, while two others were deemed sub judice and could not be acted upon.

Conclusion

The NJC reaffirmed its commitment to maintaining the highest ethical standards within the judiciary, underscoring its zero-tolerance policy for misconduct among judicial officers. These actions are seen as part of broader reforms to enhance accountability and integrity within Nigeria’s justice system.

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