In a statement issued by the NJC’s Deputy Director of Information, Kemi Babalola Ogedengbe, the decision was reached during the Council’s 109th meeting presided over by the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun.
The Council considered reports from its Investigation Committee which probed allegations of age falsification involving 18 judges and addressed constitutional breaches committed by Justices V. U. Okorie and T. N. Nzeukwu.
According to the statement, “The report disclosed that nine of the 18 judges were found to have altered their dates of birth in their official records in order to confer on themselves the undue advantage of staying longer in service.”
The judges recommended for compulsory retirement include: Justice M. E. Nwagboso (High Court), Justice B. C. Iheka (High Court), Justice K. A. Leaweanya (High Court), Justice Okereke Chinyere Ngozi (High Court), Justice Innocent Chidi Ibeawuchi (High Court), Justice Tennyson Nze (Customary Court of Appeal), Justice Ofoha Uchenna (Customary Court of Appeal), Justice Everyman Eleanya (Customary Court of Appeal), Justice Rosemond Ibe (Customary Court of Appeal).
In addition, Justice T. N. Nzeukwu was also recommended for compulsory retirement “for breaching constitutional provisions on hierarchy of judges.” The NJC stated, “Justice T. N. Nzeukwu was found to have made himself available to be sworn in as acting Chief Judge of Imo State High Court knowing fully well that he was number four in the hierarchy of Judges of the Imo State Judiciary and contrary to Section 271 (4) of the Constitution of the Federal Republic of Nigeria, as amended.”
However, Justice V. U. Okorie, who chaired the commission that nominated Nzeukwu, was cleared as “he dissented on record against the recommendation to appoint Justice T. N. Nzeukwu as acting Chief Judge.”
The Council reiterated its directive to Governor Hope Uzodinma of Imo State “to swear in the most Senior Judge of the State as the acting Chief Judge.”
Among the 18 initially investigated, some judges were exonerated. “Those exonerated are: Justice I. O. Agugua (High Court); Justice C. A. Ononeze-Madu (High Court); and Justice L. C. Azuama (High Court).”
Two others were cleared with conditions: “The two Judges given a clean bill of health owing to provision of acceptable explanation for discrepancies in their dates of birth are: Justice Vincent I. Onyeka (High Court) and Justice Vivian O. B. Ekezie (High Court). Council directed that Justice Onyeka and Justice Ekezie must maintain the date of birth supplied by the Council of Legal Education in their official records.”
Additionally, four judges were absolved because they had corrected their dates of birth to their own disadvantage: Justice P. U. Nnodum, Justice Alma Ngozi Eluwa, Justice Matthew Chinedu Ijezie, and Justice Ononogbo Chidi Linus.
In a related matter, the NJC has barred Justice Isaac J. Essien of the National Industrial Court from elevation to a higher court for three years due to professional misconduct.
The statement reads, “Justice Essien was found to have wrongly ordered the confiscation of over N1 billion belonging to the Nasarawa State Government and its Local Government Councils, despite being aware that there was a pending appeal and a pending application for stay of execution.”
The Council noted, “Justice Essien was a former staff member of the State University, which owed him gratuity, and he had earlier demanded payment using the official letterhead of the Court — a clear breach of Code of Conduct for Judicial Officers.”
He was also criticized for “personally visiting the Court of Appeal registry to confirm if an appeal had been filed in the case — an action considered highly inappropriate for a Judge.”
The NJC found that “His Lordship violated several rules in the Revised Code of Conduct for Judicial Officers and was reprimanded and barred from elevation to a higher judicial office for a period of three years.”
Four other judges were subjected to varying degrees of disciplinary action: Justice Rahman A. Oshodi was cautioned over the misuse of discretion (Suit No. ID/232/53C/23); Justice Daniel Okungbowa, the Chief Judge of Edo State, was also cautioned over the abuse of discretion in Suit No. B1/555/2020; Justice G.B. Okolosi of Delta State was issued a final warning for multiple violations of Section 294(1) of the Constitution; and Justice Sa’adatu I. Mark of the Federal High Court was cautioned for delivering judgment beyond the constitutionally required 90-day timeframe.
The Council dismissed petitions filed against four judges—Justice A.M. Liman, Justice S.A. Amobeda, Justice Muhammad Auwal Haruna, and Justice Binta Fatima Murtala Nyako—either due to lack of merit or withdrawal of complaints by the petitioners.
Regarding the petition against the Chief Judge of Benue State, Justice M.A. Ikpambese, the Council reviewed the report of its Investigation Committee on three separate petitions submitted by the Attorney-General and Commissioner for Justice, Fidelis Bemsen Mnyim, as well as Guana Benjamin Joseph and Terhemen Ngbea. The Chief Judge was absolved of any judicial wrongdoing.
Meanwhile, the NJC accepted the voluntary retirements of Justice Babatunde Ademola Bakre of the Ogun State High Court and Justice H.O. Ajayi of the Kwara State High Court.
