The National Judicial Council (NJC) on Friday applied the big hammer on judicial officers by suspending two judicial officers from performing judicial functions and also recommended two Heads of Court for compulsory retirement over falsification of age among others.

It was the first extensive meeting of the NJC to be chaired by the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, since taking office in August.

The council announced among other disciplinary actions it took against other judges, including warnings, work-without-pay, and watch listing over various acts of misconduct.

Specifically, the Council suspended Justice G. C Aguma of the High Court of Rivers State and Justice A.O Nwabunike of the Anambra State High Court from performing judicial functions.

They were both suspended for one year without pay and placed on the watch list for two years thereafter.

The decision according to a statement issued by NJC’s Deputy Director (Information), Ms Kemi Babalola-Ogedengbe, was taken at the 107th Meeting of the NJC presided over by the Chief Justice of Nigeria,(CJN) Hon. Justice Kudirat Kekere-Ekun on 13 and 14 November 2024.

The NJC also recommended the duo of the Chief Judge of Imo State, T. E. Chukwuemeka Chikeka, and the Grand Kadi of Yobe State, Babagana Mahdi, for compulsory retirement. The recommendation is expected to be acted on by their respective state governors.

The council’s statement said while Justice Chieka, the Chief Judge of Anambra State, was found to have two different dates of birth – 27 October 1956 and 27 October 1958, Mr Mahdi, the Grand Khadi of Yobe State, had three – 10 December, 28 January and July, all in 1959.

Through the falsification, the judges gained additional years of service beyond their due retirement age.

NJC said Friday that its investigative panel found that 27 October 1956, appeared to be Justice Chieka’s consistent date of birth, “but in 2006, the Chief Judge swore to an affidavit changing the date of birth to 27 October 1958.”

For Mr Mahdi, the statement said NJC’s findings found his actual date of birth to be 1952, and by falsifying his age, already extended his retirement age by 12 years.

The statement added that Mr Mahdi was recommended “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 recommended their compulsory retirement and refund of salaries and allowances they took during their illegitimate overstay in service.

“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 statement said.

The statement added Mr Mahdi was recommended: “for compulsory retirement to the Governor of Yobe State and that he should refund all salaries and allowances received for the past 12 years.”

Age falsification is a recurrence among Nigerian judges, which many believe is not adequately punished by the NJC.

The Council also empanelled a Committee to investigate all complaints and petitions against Hon. Justice O. A. Ojo, Chief Judge, Osun State.

The Council’s 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 judgement debtors in Bori Division of the High Court, Rivers State.

The Council finds that Justice Aguma failed to raise any query as to why the garnishee proceedings were brought to his Court in Bori for a monetary 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 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.

On the part of Hon. 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.

Age falsification is a recurrence among Nigerian judges, which many believe is not adequately punished by the NJC.