The National Judicial Council (NJC) hammer has fallen on another set of judges. It recommended their compulsory retirement for altering their dates of birth, which strikes at the core of judicial integrity. Assistant Editor ERIC IKHILAE spoke with legal giants on how to tackle the worsening integrity problem.
At their 109th meeting held on June 25, members of the National Judicial Council (NJC) determined the fate of 10 judges.
They found that nine had altered their ages, while one allegedly succumbed to greed by accepting what he was not entitled to.
The NJC, in a statement on June 26, said the 10 judges belonged to the Imo State Judiciary.
The council stated: “Nine of the affected judges of the Imo State Judiciary 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 nine judges found to have falsified their records, comprising five High Court judges and four judges of the Customary Court of Appeal, Imo State.”
The NJC identified the affected judges to include Justices M. E. Nwagboso, B. C. Iheka, K. A. Leaweanya, Okereke Chinyere Ngozi and Innocent Chidi Ibeawuchi (all of the state’s High Court).
Others are Justices Tennyson Nze, Ofoha Uchenna, Everyman Eleanya and Rosemond Ibe (of the Customary Court of Appeal).
According to the NJC, the 10th judge, 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 full well that he was number four in the hierarchy of judges of the Imo State Judiciary.
The NJC found his conduct to have contravened Section 271 (4) of the Constitution.
It added that Justice Nzeukwu “was sanctioned for making himself available to be sworn into office as acting Chief Judge of Imo State.”
Previous cases
The somewhat predilection for age alteration among judicial officers in the country is not novel.
In November 2024, the NJC found the Chief Judge of Imo State, Justice Theresa Eberechukwu Chukwuemeka-Chikeka and the Grand Kadi of Yobe State, Kadi Babagana Mahdi wanting on the same grounds of age falsification.
The NJC said it resolved at its 107th meeting held between November 13 and 14 that both Justices Chukwuemeka-Chikeka and Mahdi be recommended for compulsory retirement on grounds of alleged age falsification.
In the case of Justice Chukwuemeka-Chikeka, the NJC recommended her to the Governor of Imo State for compulsory retirement with effect from October 27, 2021.
She was also required to refund to the NJC all salaries and allowances received in excess from 27 October 2021 till date.
The NJC said its recommendation resulted from its findings that Justice Chukwuemeka-Chikeka has two different dates of birth – October 27, 1956 and October 27, 1958.
It added: “However, 27 October 1956, appeared to be the consistent date of birth, but in 2006, the Chief Judge swore to an affidavit changing the date of birth to 27 October 1958.”
As it relates to Kadi Mahdi, the NJC found that he has three different dates of birth – 10 December, 28 January and July – all in 1959, while his actual date of birth was 1952.”
It concluded that Mahdi committed an act of misconduct in violation of Rule 02908 (i) and (ii) of the Public Service Rules, 2021 and ought to have retired from service 12 years ago.”
Besides recommending his compulsory retirement to the Governor of Yobe State, the NJC directed that he should “refund all salaries and allowances received for the past 12 years.”
In April 2020, NJC recommended the compulsory retirement of the then Acting President of the Customary Court of Appeal in Imo State, Justice Francis Chukwu¬ma Abosi over alleged falsification of his date of birth from 1950 to 1958.
It said findings showed that Justice Abosi was supposed to have retired in November 2015 when he clocked the mandatory retire¬ment age of 65 years.
The NJC recommended Justice Abosi’s compulsory retirement and deduction of the salaries he earned from November 2015 till his last day in office be deducted from his retirement benefits.
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What the law says about age falsification
According to law experts, the act of age falsification implies the deliberate practice of giving a misrepresentation about one’s age.
Even though age falsification is classified as a crime which falls under the broad classification of either forgery or perjury, people still engage in it for various reasons.
Some individuals engage in the falsification of their ages to qualify for a role or opportunity that is age-specific by either adding or subtracting from their actual age to suit the purpose.
Also, others falsify their ages to serve longer in public service and bypass retirement as and when due.
The Criminal Code (used in the southern part of the country) and the Penal Code (for the northern states) – prohibit forgery and perjury.
Section 463 of the Criminal Code provides for three years imprisonment for forgery.
Sections 362 to 364 of the Penal Code deal with forgery with the punishment of up to 14 years imprisonment with the option of a fine or both.
As noted by an Abuja-based lawyer, Otunba Tunde Falola, the act of age falsification constitutes serious misconduct, which becomes worse where judicial officers are involved.
It constitutes a flagrant violation of the provision of Section 292(1)(b) of the 1999 Constitution, Rules 1 (1.3), 3(3.1) and 8(8.3) of the Revised Code of Conduct for Judicial Officers (CCJO) 2016, Rule 030402 of the Public Service Rules 2021, the Penal code as well as Criminal Code Laws.
He added: “In other words, age falsification by a judicial officer which includes a judge of the High Court of a state constitutes gross misconduct making the Judicial officer involved liable for removal from office.
“Falsification of age, as it were, in this instance, also constitutes a dishonest act that compromises the integrity and Independence of the Judiciary.
“Judges, who are public officers for the purpose of the Code of Conduct under Part II of the Fifth Schedule to the 1999 Constitution of the Federal Republic of Nigeria, are expected to live above board and maintain ethical standards in line with their oath of office prescribed by the Constitution.
“Furthermore, a judge, who falsifies his age or official records not only violates the Constitution, Code of Conduct for Judicial Officers, he also breaches the provision of Rule 030402(e) of the Public Service Rules 2021,” Falola said.
Non-prosecution for age falsification
It is not clear if any judicial officer has been successfully prosecuted for this offence in the country.
While there is no information that the relevant state agencies have moved against Justice Chukwuemeka-Chikeka and Khadi Mahdi, the case of Justice Abosi still remains a ready example.
In a statement on November 17, 2022, the Independent Corrupt Practices and Other Related Offences Commission (ICPC) said it arraigned Justice Abosi for allegedly altering an official document to falsify his age and confer an unfair advantage upon himself.
The ICPC added that Justice Abosi was arraigned before Justice U.P Kekemeke of the High Court of the Federal Capital Territory (FCT), Maitama Abuja on a three-count charge bordering on forgery and conferring unfair advantage on himself by ICPC.
It added: “Investigations revealed that during his appointments in 2010 and 2014, Abosi filed November 17th 1958 as his date of birth in the National Judicial Council Data before the Chairman of the NJC.
“However, luck ran out on him when the NJC wrote to the Nigeria Law School to verify his records.
“Unfortunately, findings from both the Law School and his alma mater, the University of Nigeria Nsukka, showed that he was born on the 17th of November 1950.
“Consequently, the NJC suspended the defendant from office and recommended him to proceed on compulsory retirement, which he complied with. The council then went on to report the matter to the ICPC.”
Why judges engage in age falsification
By their calling, judicial officers, are seen as the custodians of the law and protector of societal ethos, and regarded as God’s representatives on earth, who are expected to always be above board.
Since cases of age falsification are increasingly becoming frequent among members of the bench, it is believed that the practice is driven by the urge on the part of the perpetrators to derive benefits.
Lawyers, including Reverend John Baiyeshea (SAN), Akinlolu Kehinde (SAN), Falola and Oluwole Adaja argue that judges, who engage in age falsification are undoubtedly actuated by various motives.
Baiyeshea observed that the involvement of judges in such criminal act “shows that the corrupt Nigerian mentality and virus afflicted them very badly.
“It shows that they were not even morally qualified for appointment to the sacred office of judges in the first place.
“The said judges, being liars, are not better than the people they were appointed to preside over as God’s representatives to dispense justice.
“How can you sit in judgment over others when your hands are soiled in crime?” he said.
On his part, Kehinde identified some of what could motivate a judge to alter his age to include the lure of the prestige and power that the office bestows on its occupant.
The senior lawyer argued that while some may be reluctant to relinquish the authority and respect that come with being a judge, others could be motivated by financial incentives because, to them, longer service means extended salaries and allowances.
He also noted that a judicial officer could decide to alter his or her age to delay when he or she should vacate office.
Kehinde said, knowing that the maximum a judge could serve in the country is 70 years, some dubious judges may resort to altering their birth records to allow them to remain in office longer, often to maintain influence or secure post-retirement benefits.
Falola identified corruption as a key factor, arguing that “in an environment such as ours, where corruption is believed to have eaten deep into the fabric of our society, it is easier for a corrupt judicial officer to falsify his age because he believes that corrupt practices sometimes go unpunished.”
He added that political interference and “godfatherism” cannot be ruled out too, noting that “judges, who are politically connected, may indulge in age falsification because they know they will definitely get the backing of their godfather and get away with it.
“Again, cases of age falsification in Nigeria are poorly or rarely prosecuted and where it’s prosecuted, punishment usually imposed are not inadequate to serve as a deterrent to erring Judicial officers.
“This can also serve as a source of encouragement to these Judicial age falsifiers,” Falola said.
Adaja argued that “the simple and obvious reason for age falsification amongst Judges is to elongate their stay on the bench.
“A judge in Nigeria has a limited number of years to be on the bench. All judicial officers are required by law to retire upon attaining a certain age.”
Impact on judicial integrity
As noted by Prof. Yemi Akinseye-George (SAN), “the menace of age falsification has long undermined the credibility of the Judiciary.”
Baiyeshea agreed that such misconduct on the part of judges negatively impacts the judicial system.
He added that “there is no doubting fact that such low-quality judges will definitely bring dishonour and bad image to the Judiciary.”
Kehinde argued that if not addressed, the practice could erode the credibility of the system, adding that if judges, who are symbols of justice, are caught falsifying records, it undermines the moral authority of the entire Judiciary.
He said such conduct among judges also has the potential to encourage impunity and send a message that dishonesty is tolerated at the highest levels.
The Senior Advocate said citizens may question the fairness of the decisions of judges when they flout the law, thereby weakening the rule of law.
He said such misconduct among judicial officers could be demoralising to honest judges and court staff, who may feel disillusioned or pressured to conform.
Falola noted that the menace of age falsification has the potential to negatively impact the image and integrity of the judicial system.
He said the Judiciary in Nigeria is meant to be the guardian of Justice and truth and therefore, when a judge falsifies his age or official records, it raises doubt on the integrity of the Judiciary.
Falola added: “There is no doubt about the fact that a judge, who falsifies his age or records, violates the law which he is expected to uphold and enforce.
“It is a form of official corruption which, if not quickly addressed, may encourage a culture of impunity, where documents or age falsifier will continue to sit and render havoc on the administration of justice in Nigeria.
“Citizens may lose faith in the ability of the courts to be fair, impartial and honest when rendering decisions if this menace is not curtailed.
“In summary, age falsification by judicial officers portends institutional decay, loss of legitimacy and causes a deep societal harm.
“Its a red flag for larger systemic issues which requires collaborative efforts of the stakeholders and actors in the administration of justice in Nigeria,” Falola said.
‘Majority of judges honest’
Adaja was of the view that the nefarious activities of some few bad eggs cannot necessarily harm the entire system if prompt actions are taken when detected.
He argued that the allegation of age falsification amongst judicial officers in the country is not a common scenario, noting that only very few judicial officers amongst several others have been found to have falsified their ages.
Adaja added: “The general public will not hastily jump to the conclusion that the act of a very few judicial officers applies to all judicial officers. That would be an erroneous conclusion.
“The general public holds judicial officers in high esteem and they are respected and revered as the custodians of the law.
“The image of the Judiciary remains intact and clean regardless of few instances of age falsification amongst judicial officers in Nigeria.
“As a matter of fact, the majority of our judicial officers are honest, truthful and dedicated,” Adaja said.
How to address the problem
According to Kehinde, tackling this issue requires a multi-pronged approach.
He suggested mandatory background checks people are appointed as judges.
Such background checks should include the verification of their ages with the help of biometric data.
He added that insiders should be encouraged to report discrepancies without fear of retaliation, while the publishing of the profiles of judicial nominees for public comment, as the NJC recently began doing, should be intensified.
He said the prompt decision of the NJC in this regard should be consistent to deter future misconduct.
Kehinde advocated for continuous ethical training for judges through regular judicial education programmes to reinforce the importance of integrity.
Falola said to arrest the situation, the NJC should be more empowered with necessary tools and technology which can detect documents forgery.
He spoke about the need for a central digital database for birth records, appointment and carrier progression of every judicial officer in order to eliminate age falsification by the judicial officers.
Falola added that media scrutiny of the record of every judicial officer should also be encouraged, while the relevant laws relating to the processes of the appointments of our judges should also be amended to give room for anti-corruption agencies to make input in the appointment process by conducting the necessary investigation into the past records of every potential judicial officer.
He added: “The record of every Judicial officer can also be integrated into the National Identity Management Commission and the bank verification (BVN) system in order to detect age or records falsification.
“All these will reduce if not eliminate totally, the menace of age falsification in Nigeria.”
According to Adaja the way to address the problem of age falsification is for the NJC to thoroughly scrutinise the credentials and resumes of persons to be recommended for appointment as judicial officers.
He added: “Thus, persons of questionable character should not be recommended for appointment as judicial officers.
“Secondly, the NJC should put mechanism in place to verify documents and information submitted by applicants to be appointed as judicial officers.
“There are easy, fast and reliable modes of verifying credentials, results and other information from agencies and institutions across the country,” he said.
NJC commended
Baiyeshea, Akinseye-George, Kehinde, Falola and Adaja commended the speed with which the NJC determes petitions against judges.
Baiyeshea said the good thing is that once such morally bankrupt judges are identified, they will be punished and shown the exit door from service by the NJC.
He added that “the fact that the NJC is swiftly punishing them and not covering them up is commendable and salutary.
“The mass sack of these errant judges from Imo and other states and in the Federation, will send shock waves to the entire system and will serve to deter others from engaging in such ignoble, dishonorable, and condemnable conducts.
“With these disciplinary actions by NJC, the judiciary will, therefore, be stronger and better,” he said.
Akinseye-George noted that the NJC is breathing new life into the Judiciary and gradually restoring the integrity and public confidence that the institution so deeply deserves.
He said: “We pray for continued strength, protection, and divine guidance for His Lordship, the Honourable Chief Justice of Nigeria, Hon. Justice Kudirat Kekere-Ekun, GCON, and the entire leadership of the NJC as they remain steadfast on this path of reform.
“It is therefore commendable that the NJC has taken a firm stand, making it unequivocally clear that such unethical practices—and other forms of professional misconduct—will no longer be tolerated.
“Through its consistent handling of petitions and transparent communication of outcomes, the NJC is sending a powerful message: the era of impunity is over.
“This bold and accountable approach is a welcome development. It not only strengthens the judiciary internally but also fosters greater public trust—an essential pillar for judicial independence.
“Encouragingly, the NJC’s impartial review process has not only identified misconduct but also vindicated several judicial officers where petitions lacked merit, thereby reinforcing the principle of fairness.
“We urge the NJC to sustain and deepen these courageous self-cleansing efforts.
“The overwhelming support of well-meaning Nigerians is behind them, and with continued transparency and integrity, the judiciary can reclaim its rightful place as the guardian of justice and the rule of law.”
