Now That Justice Francis Abosi Has Been Recommended For Retirement, What Happens To All His Judgements Delivered After November, 2015?

On the 24th day of April, 2020, it was reported that the National Judicial Council of Nigerian has recommended the compulsory retirement of two judges, Hon. Justice Francis Chukwuma Abosi, Acting President, Customary Court of Appeal, Imo State, and Hon. Justice Aliyu Musa Liman of Bauchi State High Court of Justice.

According to the report published by TheNigerialawyer (TNL), Hon. Justice Francis Chukwuma Abosi, was recommended for compulsory retirement following the falsification of his date of birth from 1950 to 1958.

The report further stated that findings showed that he was supposed to have retired in November, 2015, when he clocked the mandatory retirement age of sixty-five (65) years.

The Council then decided to recommend his compulsory retirement to Governor Hope Uzodinma of Imo State and to also deduct the salaries he had earned from November, 2015 to date from his retirement benefit.

On the other hand, Hon. Justice Aliyu Musa Liman was recommended to the Bauchi State Governor, Bala Mohammed for compulsory retirement pursuant to the findings by the Council for his failure to deliver judgement in suit No BA/100/2010, between Abubakar Isa and Sheik Tahir Usman Bauchi within the three months period stipulated by the 1999 Constitution of the Federal Republic of Nigeria.

The report further added that the Council viewed His Lordship’s failure to deliver judgement for nearly four years as a misconduct, contrary to Section 292 (1) (b) of the Constitution of the Federal Republic of Nigeria, 1999, as amended and Rules 1.3 and 3.7 of the 2016 Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.

While the recommendations made by the National Judicial Council must have attracted applauds from ordinary Nigerians and also restored the lost confidence in the Judiciary, and then project it as an arm that still instill and encourage discipline amongst its members, the development has raised some issues that worth the legal brainstorming.

This basically deals with some posers which cannot be ignored, considering their technical and logical bases. What are these issues? One may ask.

By the findings of the NJC, the said Justice Francis Chukwuma Abosi ought to have retired since November, 2015, if he had not falsified his date of birth. This means that he shouldn’t have been entitled to all benefits accrued to a retired judge from the said date till date.

Couldn’t it be reasonably argued that, by law, the said jurist ceased to be a bench-man since November, 2015, whether or not he was on bench thereafter or not? If this question is answered in the affirmative, couldn’t it be also concluded that anything he must have done as a Judge from November, 2015, till date is a nullity?

That is, every Ruling, Judgement, and generally, cases, handled by him can be questioned? First, on the ground that if he is not a jurist of truth, it could only mean that Judgements or Rulings given by him must be questioned. Secondly, that, since he is no judge by law as at November, 2015, everything done by him in his capacity as a judge is null and void.

This position is supported by the common principle of law which is that, “One cannot place something on nothing and expect it to stand”

This is not good for our justice system. It has once more given the people the reason why they should be worried about how the NJC recommends judges for appointment. When there are cases of abuse of office and corruption in the bench, it makes many to wonder what becomes of the justice delivery system.

While one cannot say that this is what the law expects, we cannot rule out the fact that all Judicial actions by the said jurist after November, 2015, is legal poser worth the consideration.

Chike Okeke writes from US for TheNigeriaLawyer