For falsifying their ages, two heads of courts in Nigeria received the hammer of the National Judicial Council (NJC). The Council, at its 107th meeting held on November 13 and 14, 2024, recommended compulsory retirement for the Chief Judge of Imo State, Justice T.E. Chukwuemeka Chikeka, and the Grand Kadi of Yobe State, Kadi Babagana Mahdi. Chikeka’s punishment, as recommended to the Imo State Governor, was to take effect from October 27, 2021. He was alleged to have had two different dates of birth – October 27, 1956 and October 27, 1958. He had consistently used October 27, 1956, but swore an affidavit changing it to October 27, 1958 in 2006. He has been asked to refund all salaries and allowances received in excess from October 27, 2021 till date.
On his part, the Grand Kadi of Yobe State reportedly violated Rule 02908 (i) and (ii) of the Public Service Rules, 2021 and ought to have retired 12 years ago. He reportedly has three different dates of birth: December 10, January 28 and July 28 all in 1959 whereas his actual date of birth was 1952. In addition to his recommended compulsory retirement, he will refund all his salaries and allowances received for the past 12 years. Recall that in April 2016, the NJC had similarly recommended compulsory retirement for Justice O. Gbaja-Biamila of Lagos State High Court and Justice Idris M. J. Evuti of the Niger State High Court. Evuti was alleged to have falsified his age, using three different dates of birth over the years.
In its recent meeting, the NJC also suspended two other judges for some other judicial misconduct. They are Justice G.C. Aguma of the High Court of Rivers State and Justice A.O. Nwabunike of Anambra State High Court. They were suspended from performing judicial function for one year without pay and to be placed on “watch list” for two years thereafter. The Council found that 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.”
Nwabunike allegedly abused his judicial powers by granting ex-parte orders without a Motion on Notice filed along with the Originating Summons. Justice I.A. Jamil of Kogi State got a letter of caution to be more circumspect in handling sensitive matters in the future.
Earlier in the year, the NJC had also wielded the big stick against three errant judges. The judges are Justice Inyang Ekwo of the Federal High Court, Justice G.B. Brikins-Okolosi of Delta State High Court and Justice Amina Shehu of the Yobe State High Court. Justice Ekwo reportedly abused his discretionary power as a judge by wrongly granting an ex-parte order in a suit. He is barred from being elevated to a higher bench for two years. Justice Brikins-Okolosi is said to have failed to deliver judgement within stipulated period after parties in a particular suit had filed and adopted their final written addresses. He too will not be elevated to a higher bench for three years.
Judges are supposed to be above board, but what has been happening at the third tier of government in Nigeria poses a great danger to our democracy. It will be an understatement to say that most Nigerians have lost confidence in the judiciary. It is no longer the touted last hope of the common man. It is now the last hope of the supper rich and corrupt politicians.
The integrity of some of our judges is questionable. They ridicule the judicial system by giving conflicting judgements, depending on where their bread is buttered more. This happened in the 2021 governorship primary election of the All Progressives Grand Alliance (APGA) in Anambra State. Different high courts in Anambra, Imo and Jigawa states issued conflicting ex-parte orders to the dismay of many citizens.
We commend the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, and urge her to do everything possible to sanitize the judiciary. She should warn judges to be wary of cavorting with potential litigants, especially politicians. Will the judges receiving houses and other gifts from some politicians, for instance, be unbiased if any case involving such politicians comes to their court?
Beyond sacking some judges, the judiciary needs serious reforms. That arm of government should be made to be truly independent by granting it financial autonomy. Without a strong and credible judiciary, our nascent democracy is doomed.