The National Judicial Council (NJC), led by Justice Kudirat Motonmori Olatokunbo Kekere-Ekun, GCON, at its 107th meeting held on November 13 -14, suspended two judges for misconduct. According to NJC’s Deputy Director (Information) Kemi Babalola-Ogedengbe, “The Chief Judge of Imo State, Hon. Justice T. E. Chukwuemeka-Chikeka, and the Grand Kadi of Yobe State, Hon. Kadi Babagana Mahdi, were recommended for compulsory retirement for falsification of their ages.”

Justice Chikeka had two conflicting dates of birth – 27th October 1956 and 27th October 1958. On his part, Kadi Mahdi, had three different birthdays. He represented 10 December, 28th January and 28th July, all in 1959, as his dates of birth, while his actual year of birth is 1952. The council found him guilty of misconduct in violation of Rule 02908 (i) and (ii) of the Public Service Rules, 2021.

While Justice Chikeka was supposed to retire two years ago, Kadi Mahdi, ought to have retired 12 years earlier. The council recommended compulsory retirement and refund of salaries and allowances they received in the past two and 12 years, respectively.

We consider it shameful that such high ranking judges would engage in such criminal conduct. One wonders how the two heads of important arms of the judiciary could administer good conduct while being involved in dishonourable conduct themselves. As Chief Judge of Imo State who oversights the state judiciary, we wonder what disciplinary control Justice Chikeka exercised, being a felon herself. On his part, Kadi Mahdi interprets Islamic jurisprudence, with its strict legal consequences for criminal infractions. Litigants that the judges have passed judgments on would look with scorn at their fellow offenders, who sat in judgments over them. Some may even be tempted to seek to upturn such judgments, since in the eyes of the law, the judges were illegally occupying the office of judicial officers for the period they ought to have retired from office.

No doubt the judges have brought the offices they held to great scorn and ridicule in the eyes of the ordinary Nigerians. We commend the NJC under Justice Kekere-Ekun, for swiftly discharging their constitutional responsibility of disciplining the judges by recommending that they be sacked. The Third Schedule Part 1, Paragraph 21(g) provides that: “The National Judicial Council shall have power to – recommend to the Governors the removal of the judicial officers in sub-paragraph (c) of this paragraph, and to exercise disciplinary control over such officers.” The council in exercise of that function recommended to the Governor of Imo State that Justice Chikeka be retired effective from 2021, and to Governor of Yobe State that Kadi Mahdi retired effective from 2012.

Two other judges were also sanctioned by the council. They are Justice G. C. Aguma of Rivers State High Court, for suspicious handling of a garnishee proceedings despite an order of stay from Bwari High Court, which was brought to his notice. He was suspended for one year without pay, and thereafter will be on the watch-list for two years. On his part, Justice A. O. Nwabunike of Anambra State High Court was suspended for one year, for breach of the Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria, 2016. He will be on the watch-list for two years, thereafter.

As for the Justices recommended for sack, we think they may have committed other offences like perjury, in seeking to perpetuate themselves in office. The fear of a mere retirement and refund of the monies which were unlawfully earned may not be enough deterrent for others, who may be tempted to follow similar path in the future.

We urge the governors of Yobe and Imo states to effect the recommendations of the NJC, in obedience to the rule of law.

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