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Tag: National Judicial Council

  • Salami rejects appointment to monitor graft cases

    Salami rejects appointment to monitor graft cases

    The search for an head for the National Judicial Council (NJC) committee to monitor graft cases continues as Justice Isa Ayo Salami turns down the offer, exclusively reports Yusuf Alli.

    Former President of the Court of Appeal (PCA) Justice Ayo Salami (retd) has rejected his appointment as the Chairman of the Corruption and Financial Crime Cases Trial Monitoring Committee (COTRIMCO) based on principle and conscience.

    He is believed to have been convinced that the committee may not work as “efficiently expected” because of the businesses of some members.

    Justice Salami was named the chair of COTRIMCO, which was set up by the National Judicial Council (NJC,) on September 27 by the Chief Justice of Nigeria, Justice Walter Onnoghen.

    The appointment was based on the decision of the NJC at its 82nd meeting in Abuja.

    Justice Salami is said to be uncomfortable with the composition of the 15-man committee.

    The panel is said to include some members who had been implicated in some conflicting challenges between the bench and the bar.

    Although, Salami was out of the country when he was appointed, he sought audience with the CJN upon his return.

    It was learnt that after discussing his reservations with the CJN, he wrote to reject the appointment.

    A Supreme Court sources confirmed that Justice Salami had “thrown in the towel”.

    The source, who spoke in confidence, said the CJN might have to brief members of the NJC to search for another credible chairman.

    Justice Salami is said to have consulted widely with leaders on the Bench and in the Bar before resolving with his family to reject the offer.

    A source said: “I think Salami felt that a few members of the committee had been entrenched in the intrigues in the nation’s Judiciary.

    “He believes that as the chairman of the committee, he will not have the authority to keep those members in check.

    “So, instead of creating unnecessary problem for himself without any place to run to, he opted to stay away from the committee.

    “In fact, while he was still being asked by colleagues to give the appointment a chance, there was controversy over the reinstatement of a former chairman of the Presidential Task Force on Pension Reforms Task Team, Mr. Abdulrasheed Abdullahi Maina. Salami just said he won’t accept this offer.

    “He, however, took time to meet with the CJN personally to thank him for the honour and why he cannot accept the job. He made it known that he had no grudges against the CJN.”

    But another source said: “None of the 15 members of the committee has been indicted in any way. The CJN was meticulous in composing the committee. Even where there were imputations, some members of the committee came out clearly to clarify a few things.

    “Being a committee of the NJC, there is no way the CJN will allow any member of the committee to either undermine Justice Salami or the mandate of the panel.

    “If His Lordship, Justice Salami, has chosen to reject the appointment, the CJN will certainly look for a meritorious legal giant like him.”

    The Socio-Economic Rights and Accountability Project (SERAP) on October 3 wrote the CJN seeking the removal of members of the bar from the panel.

    In the letter signed by SERAP Executive Director, Adetokunbo Mumuni, the organisation said the composition of the committee was not in consonance with the advisory of the UN Special Rapporteur on the independence of judges and lawyers.

    The letter said: “SERAP urges your Lordship to urgently revisit, review, and reconsider the membership of the Salami committee to ensure that members currently handling high-profile corruption cases involving PEPs are removed.

    “This proposal aims solely to remove the risk of apparent and potential conflicts between the work of the committee and the private practice of some of its members who are handling high-profile cases of corruption involving PEPs and to ensure the independence, impartiality, integrity and accountability of the judiciary.

    “SERAP believes that judicial accountability should be secured in a way that is harmonious with, and not damaging to, the essential character and functions of the judicial office. A system of fair, effective and trustworthy judicial performance evaluation promotes public confidence in the judiciary, which, in turn, is essential to judicial independence.

    “SERAP also urges your Lordship to ensure that the Salami committee can manage its own budget and has enough human and financial resources to properly function with independence. The Salami committee should also be accountable for its activities, to avoid the possible public perception of bias and conflict of interest.”

    Besides  Justice Salami, other members of the committee are:  the Chief Judge, Borno State, Justice Kashim Zannah; the Chief Judge of Imo State, Justice P.O. Nnadi; Chief Judge Delta State, Justice Marsahal Umukoro, Chief Judge of Oyo State, Justice M. L. Abimbola. Others are the President of the Nigerian Bar Association, Mr. A.B Mahmoud(SAN);  former NBA Presidents, Chief Wole Olanipekun (SAN);  Mr. Olisa Agbakoba (SAN); Mr. J.B Daudu (SAN);  and Mr. Augustine Alegeh (SAN); Dr. Garba Tetengi (SAN);  Mrs. R.I Inga, Representative of Non-Governmental Organisations, Representative from the Ministry of Justice, Representative from the Institute of Chartered Accountants of Nigeria, ICAN, as well as the Secretary of the NJC, Mr. Gambo Saleh.

    The Committee’s primary functions  are:

    • regular monitoring and evaluation of proceedings at designated courts for financial and economic crimes nationwide;
    • advising the Chief Justice of Nigeria on how to eliminate delay in the trial of alleged corruption cases;
    • giving feedback to the Council on progress of cases in the designated courts, conduct background checks on judges selected for the designated courts; and
    • evaluating the performance of the designated courts.
  • Ondo CJ in court over age falsification

    Ondo CJ in court over age falsification

    The Ondo state High court sitting in Akure has commenced hearing in the suit seeking the removal from office the state acting chief judge, Justice Temitayo Osoba for alleged overstaying in office and age falsification.

    The plaintiff and legal practitioner, Mr Femi Emodamori had told the court presided over by Justice Aderemi Adegoroye that the National Judicial Council, (NJC) and the Ondo state house of assembly had not confirmed the appointment of the acting chief judge.

    Emodamori therefore prayed the court to declare the position of the CJ vacant since three months required by the 1999 constitution for the confirmation of justice Osoba’s appointment had elapsed.

    At the resumed hearing of the case, counsel to the Acting CJ and the state government, Batife Philip withdrew his appearance for  Genevieve Okoye from Dayo Akinlaja chambers but it was countered by the prosecuting counsel.

    The presiding judge, Justice Aderemi Adegoroye adjourned the case to June 16 and ordered the prosecuting counsel to file an application countering the change of the defence counsels.

  • Lagos gets 3 new judges

    Three new Lagos State judges are to be sworn in on March 8, an official announced in Lagos on Monday.

    The newly appointed judges are Mr Emmanuel Ogundare, the Chief Registrar of the State High Court, Miss Sherifat Solebo, the Deputy Chief Registrar, Special Duties,  also of the State High Court and Mrs Idowu Alakija, the State Director of Public Prosecutions (DPP).

    The News Agency of Nigeria (NAN) reports that the state boasts of 57 judges and 98 magistrates.

    Mrs Grace Alo, Assistant Director, Public Affairs of the State High Court, said in a statement that the appointments of the three judges had been approved by the National Judicial Council (NJC) on the recommendation of the State Judicial Service Commission chaired by the Chief Judge, Justice Oluwafunmilayo Atilade.

    Gov. Akinwunmi Ambode is expected to preside at the occasion scheduled for the Banquet Hall of the Governor’s Office, Ikeja. (NAN)

  • Imo CJ calls for appointment of more judges

    Imo Chief Judge, Justice Paschal Nnadi, has called for the appointment of more judges and magistrates into the state judiciary in order to lessen work load of judiciary officers.

    Nnadi said that cases pending at the state high court were 36,159, as at Sept.30, 2016.

    He spoke in Owerri at a special court assizes of the state judiciary, in commemoration of the 2016/2017 Legal Year.

    Nnadi added that 23,192 cases were filed between Oct.1, 2015 and Sept. 30, 2016, while 853 cases were disposed of within the same period.

    The chief judge urged legal practitioners to utilize the Alternative Dispute Resolution Mechanism in the new Imo High Court Civil Procedure, for efficient and expeditious disposal of cases.

    Nnadi urged the Legal Aid Council to take up cases of some inmates who had stayed for longer period in custody.

    Imo Governor, Mr. Rochas Okorocha, who spoke, commended judges for the way they have carried out their duties and called for strict scrutiny of membership of the judiciary.

    He urged the judiciary to complement the efforts of the executive to ensure good governance.

    Okorocha debunked allegations of sack of 1,100 workers in the state civil service.

    He however said that he would not spare any worker found wanting and called for discipline among workers.

    Mr. Milletus Nlemedim, the Attorney General and Commissioner for Justice, who spoke, said more judicial workers would be appointed within the year in order to boost justice delivery.

    He also said that the state government had set up a Law Revision Committee to review and update laws in conjunction with the House of Assembly.

    Mr. Lawrence Nwakaeti, Imo Chairman, Nigerian Bar Association, who also spoke, condemned the interference of the executive arm of government in judicial processes.

    He recalled the invasion of the homes of judicial officers by the Department of State Service in 2016, describing it as a sacrilege.

    Nwakaeti advised the executive to leave the discipline of judges to the National Judicial Council.

    He said the judiciary must stand up in defence of its independence and resist every action of the executive aimed at reducing its independence.

    Nwakaeti also accused Imo Government of sacking over 1,100 employees of the local government councils.

    The highpoint of the event was the unveiling of the new High Court Rules by Gov. Okorocha.

     

  • NJC recommends dismissal of justices Ononogbo, Gummi

    NJC recommends dismissal of justices Ononogbo, Gummi

    The National Judicial Council (NJC) has recommended the dismissal of Justice Ugbo Ononogbo of the Abia State High Court of Justice.

    This is contained in a statement signed by Acting Director of Information of the council, Mr Soji Oye, and made available to newsmen on Friday in Abuja.

    Oye said the council also recommended the compulsory retirement from office of Justice Nasir Gummi of Zamfara State High Court of Justice with immediate effect.

     He said the decision was taken at the council’s 80th meeting held on Dec. 14 and Dec.16.

    He said Ononogbo was recommended for dismissal to the Governor of Abia State, pursuant to findings on a petition brought against him by Mr Urum UdensiIfegwu.

    Oye said the Judge in Suit No: HOH/25/2013, Mrs Nnenna Enweliku and 4 Ors Vs Udensi Dike Udensi and 2 Ors made a blanket Order for the payment of the unascertained amount as Estate fee.

    According to Oye, the fee which is from the Access Bank Account of late Lord Chief  Dike UdensiIfegwu went to the Probate Registrar of the High Court.

    He said the council found that the Assistant Chief Registrar, Probate Division of the Court, Mr  Udeka U. C. altered the Order of the Judge in a letter to Access Bank on the transaction.

    Oye said the letter was requesting the bank to release the sum of N200 million into the personal account of E. M. Ojiako, Esq, counsel to the Applicant in the Suit.

    The Acting Information Director, however, said the bank refused to honour the request.

    He said the Judge committed more error by also granting a second order to vacate the first order.

    Oye said the latest order had directed the bank to pay any money assessed by the Probate Registrar for the estate fee of late UdensiIfegwu into the personal account of Ojiako.

    He said the order bestowed unlimited latitude without ascertaining the assessment made by the probate registrar.

    “Out of the N200 million withdrawn as a result of the second order, Ojiako only paid the sum of N83 million to the probate registry.

    “That there were discrepancies between the representations of parties in the order made by the respondent.

    “And the representation of parties in the record book of the court to which Justice Ononogbo admitted that he did not vet the order before signing same and that it was an oversight.’’

    Oye further said: “council also recommended that the Judge, the Assistant Chief Registrar, Probate Division of Abia State High Court, Udeka   and Ojiako, be handed over to the police for investigation’’.

    “Council also decided to report Ojiako to the Nigeria Bar Association Disciplinary Committee for investigation.

    “And that the Abia State Judicial Service Commission should take appropriate action against Udeka, the Assistant Chief Registrar Probate Division after investigation of the allegations,’’ Oye said.

    Oye, however, said that the recommendation for compulsory retirement of Gummi also hinged on petition brought against him.

    He said it was found that the Judge failed to deliver judgment in Suit No: ZMS/GS/13/2013 (ChiromaVs Forte Oil Plc) 23 months after the final address by all counsel in the Suit.

    According to him, the action runs contrary to the Constitutional Provisions that Judgements should be delivered within a period of 90 days.

    He said council discovered that the said judgement was altered by changing the word “dismissal” to “struck out”.

    Oye said the judge’s Court Registrar, Hayatu Bungudu had admitted the change was done by him, but had informed His Lordship on phone as he was out of the state at the time.

    Oye also said the Judge assumed jurisdiction in the matter by a ruling, only to dismiss the same action 22 months after for lack of jurisdiction after the cause of action had lapsed.

    “Council will write to the Zamfara State Judicial Service Commission to take appropriate action against Hayatu Wadata Bungudu, Registrar of Hon. Justice Gunmi’s court for altering his judgement.

    “Council at the meeting also resolved to issue letter of strong warning to Hon. Justice D. O. Oluwayemi of Lagos State Judiciary for granting an Ex-parteOrder in Suit No: LD/2393LMW/16.

    “The Judge had relied on an Affidavit of urgency which disclosed no threat of destruction of rights, or interest in the subject matter of the dispute without putting the other party on Notice,’’ he said.

    Oye said council agreed to issue another letter of warning to Justice M. A. Savage of High Court of Lagos State, for holding discussion with Complainant’s Counsel in Suit No: LD/179/2000.

    He said council found out that the Judge was serving as a bridge between the complaint and the counsel to the other party.

    “The allegations against Justices Ononogbo of Abia State and Gunmi of Zamfara State High Court constitute misconduct contrary to Sections 294 (1) and (6) of the 1999 Constitution.

    “They also violated Rules 3 (i), 11(ii) and 2 of the National Judicial Council Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.

    “Meanwhile, the NJC in the exercise of its disciplinary powers has suspended Justices Ononogbo and Gunmi with immediate effect pending the approval of the recommendations of the Council for their dismissal and compulsory retirement respectively,’’ Oye said. (NAN)

  • Arrest of judges: NJC ends meeting, keeps mum

    The National Judicial Council (NJC) failed to make public its position on the arrest of some judges by the Department of State Services (DSS).

    The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed had promised on Monday the the issue of the arrest would be addressed comprehensively at the NJC meeting scheduled for the next day.

    He had said: “It is indeed very saddening and deeply regrettable, the distressing and unfortunate incident, which occurred on Friday, 7th October and Saturday 8th October, 2016.

    “However, I must ask all Nigerians to remain calm and prayerful, as an emergency meeting of the National Judicial Council (NJC) will take place tomorrow, will comprehensively look into the matter,”

    The NJC, which commenced its meeting on Tuesday, could not conclude on most issues discussed, which were eventually concluded today (Wednesday).

    It was learnt that the council ended its meeting today, but has decided to make public its position on the judges’ issue, among others tomorrow.

    An insider told The Nation that the meeting ended with many agreeing that its position should be made public.

    “We ended the meeting today after exhaustively considering the unfortunate incident involving some of our judges. Members strongly condemned it.

    “We also agreed on the successor to the outgoing CJN, and have resolved to allow the tradition remain.

    “It was generally agreed that the most senior Justice of the Supreme Court should succeed my lord, Justice Mohammed, who is scheduled to quit the bench on November 10,” a source told The Nation.

  • Retired judges sue Mimiko over unpaid entitlements

    Retired judges sue Mimiko over unpaid entitlements

    Some retired judges in Ondo state have dragged Governor Olusegun Mimiko, the state Pension Board and the state Attorney General, Eyitayo Jegede (SAN) before the National Industrial Court (NIC) sitting in Akure over the refusal of the state government to pay their retirement benefits and pension since 2007.

    The retired judges prayed the court to direct the defendants to pay them upward review by 96 percent of their monthly pension from February, 2007 in line with circulars issued in 2010 and 2015 by the National Judicial Council, (NJC).

    They listed some of the retirement benefits as accommodation, four official domestic staff, medical care, and serviceable vehicles among others.

    In a suit filed by their counsel, Prince Adetoye Ojopagogo, the former judges also sought an order of the Industrial Court compelling the state government and its officials to review and harmonize their pension benefits every five years from 2000 till date in conformity with section 210 subsections 2 and 3 of the 1999 Constitution.

    Speaking on behalf of the plaintiffs, retired Justice Adeyemo Afonja lamented that six out of the retired judges including late justice Rasheed Fawehinmi had died while struggling and waiting to receive their benefits from the government.

    Justice Afonja said they took the matter to court since all efforts to appeal Mimiko to pay their retirement entitlements had failed including sending some first class monarchs and eminent indigenes of the state to beg him.

    He said” We are seeking an order directing the defendants to grant and pay the plaintiffs/Claimants severally, the upward review by 96% of their respective monthly pensions with effect from the 1st day of February, 2007 up to the final payments, and henceforth for each month thereafter authorized adopting by the National Judicial Council’s Circular Ref No: NJC/CIR/HOC/1/39 of the 7th October, 2010, and Circular No: NJC/CIR/HOC/1/2734 of the Council of 16th November, 2015″.

  • NJC recommends retirement of two judges

    NJC recommends retirement of two judges

    The National Judicial Council (NJC) has recommended the compulsory retirement of two judges having found them guilty of professional misconduct.

    The two judges are O Gbajabiamila of the Lagos High Court and Idris M. J. Evuti of the High Court of Niger State.

    The recommendation for their immediate compulsory retirement has been communicated to the governors of Lagos and Niger states.

    It also recommended a lawyer, Oluwaseun Olusiyi to the Legal Practitioners Disciplinary Committee (LPDC) for disciplinary action for walking out on a judge.

    The NJC howevr cleared Justice Saliu Saidu of the Federal High Court, Lagos of misconduct as it found unsubstantiated a Petition of alleged misconduct written against him by Securities and Exchange Commission.

    It ordered  Justice Tanko Yusuf Usman of the High Court of Niger State to refund the salaries he earned from June last year till March this year (when he retired), having been found to have altered his age.

    NJC’s Acting Director of Information, Soji Oye said, in a statement yesterday, the Gbajabiamila has been suspended immediately from further acting as a judicial officer until the Lagos State governor act on NJC’s recommendation.

    He said NJC took the decision at its sitting of April 13 and 14 this year.

    “Hon. Justice O. Gbaja-Biamila was recommended for compulsory retirement from office to the governor of Lagos State, pursuant to the findings by the council on the allegations contained in the petitions written against his Lordship by Mr. C. A. Candide Johnson, SAN.

    “The allegations are: That the Hon. judge delivered judgment in suit No ID\1279\2007 P. K. Ojo Vs SDV & SCOA Nigeria Plc, twenty two months (22), after written addresses were adopted by all the Counsel and thirty-five (35) months after the close of evidence in the suit, contrary to the constitutional provisions that judgments should be delivered within a period of 90 days;

    “That his Lordship did not publish a copy of judgment he delivered on 24th December, 2013 until after 40 days, contrary to the provision of the Constitution which required that a copy of the judgment of a Superior Court of record be given to parties in the case within 7 days of delivery.

    “That the Hon. Judge continued to hear the Suit in his court after he had been notified of the pendency of a motion for a stay of execution at the Court of Appeal and that an appeal had been entered.

    “Prior to the issuance of the first writ of attachment, the court Registrar, under the direct administration of the Hon. Judge, falsely misrepresented to the Deputy Sheriff in a memo dated 28th November, 2014, that there was no appeal or motion in the case file as at 28th November 2014. “Meanwhile, there were two notices of appeal and two summons to settle records in the court’s file.

    “That the Hon. Judge gave an order on 23rd February, 2015 upon an ex-parte application substituting the name of SDV Nigeria Ltd with Bollore Logistics Nigeria Ltd without serving the Order of substitution on the affected party or its legal representatives.

    “That the Hon. Judge failed to maintain professional competence required to preserve the integrity of the Judiciary.

    “The above allegations constitute misconduct contrary to Section 292 (1) (b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended and Rules 1.3, 3.3, 3.4 and 3.7 of the 2016 Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.

    “In the interim, the National Judicial Council in exercise of its power under Paragraph 21 Sub-Paragraph (d) of the Third Schedule of the 1999 Constitution of the Federal Republic of Nigeria, as amended, has suspended Hon. O. Gbaja-Biamila from office with immediate effect.

    “Council also considered a petition written by Mohammed Idris Eggun against Hon. Justices Idris M. J. Evuti and Tanko Yusuf Usman of the High Court of Niger State on falsification of their dates of birth.

    “He alleged that Hon. Justice Idris M. J. Evuti falsified his age from 15th September, 1950 to 10th April, 1953 and Hon Justice Tanko Yusuf Usman falsified his age from 27th June, 1950 to 27th June, 1951.

    “A fact finding committee set-up by the council found from the records made available to it that the Hon. Justice Evuti used three different dates of birth over the years as 15th September, 1950, 10th April, 1953 and 1st April, 1953 and therefore recommended his compulsory retirement with immediate effect.

    “Apart from the recommendation for compulsory retirement of Hon. Justice Idris M. J. Evuti, council recommended to the Government of Niger State to deduct all salaries received by him from September, 2015 till date from his gratuity and remit same to the National Judicial Council that pays salaries of all judicial officers in the federation.

    “With respect to the Hon. Justice Tanko Yusuf Usman, council did not recommend his compulsory retirement because it had already accepted his retirement with effect from 1st March, 2016.

    “However, council decided to write to the Government of Niger State, to deduct from the gratuity the salaries received by him from June 2015 when his Lordship should have retired from the Bench.

    “Council at the same meeting exonerated Hon. Justice Saliu Saidu of the Federal High Court, Lagos of misconduct as it found unsubstantiated a Petition of alleged misconduct written against him by Securities and Exchange Commission. “The Hon. Judge was alleged to have been biased in granting ex-parte orders of injunction against the commission in suit No FNC\L\CS\767\15: BGL Ltd and Ors V. Securities and Exchange Commission without due regard to the relevant factors and circumstances of the case.

    “The counsel to the Securities and Exchange Commission, Oluwaseun Olusiyi was also reported to the Legal Practitioners Disciplinary Committee for walking out on the Judge on the matter when she was told the matter was not ripe for hearing for disciplinary action,” Oye said.

     

  • Justice Ofili-Ajumogobia ‘transferred’ to Illorin 

    Justice Ofili-Ajumogobia ‘transferred’ to Illorin 

    A week after the National Judicial Council (NJC) barred her from elevation to the Court of Appeal, Justice Rita Ofili-Ajumogobia of the Federal High Court, Lagos, has been transferred to Illorin Division in Kwara State.

    It was learnt that the Chief Judge, Justice Ibrahim Auta, approved her transfer.

    It could not be confirmed when she will resume in her new division.

    Sources said Justice Ofili-Ajumogobia may return to deliver judgment in cases she has concluded, such as the one involving a former Nigerian Maritime Administration and Safety (NIMASA) Director-General Temisan Omatseye who was charged with contracts splitting.

    Other cases before her, such as trial of a former Union Bank Managing Director ‎Bartholomew Ebong, may begin afresh.

    Deputy Chief Registrar, Lagos Division, Mr Bello Okandeji, said he was not aware that Justice Ofili-Ajumogobia has been transferred.

    “I’m hearing about it for the first time from you,” he said when our correspondent sought confirmation from him.

    A week ago, the NJC, in a statement by its Acting Director, Information, Soji Oye, placed Justice Ofili-Ajumogobia on its “watch list” for four years over misconduct.

    She is also not to be considered for any elevation to the Court of Appeal or included in any ad hoc judicial appointment till her retirement from the Bench.

    The penalties took immediate effect.

    The NJC’s decision, taken at its meeting on February 24 and 25, was based on its findings that the judge failed to deliver judgement in a pre-election case.

    It was alleged she delayed her verdict until the expiration of the tenure of the person whose qualification for election was being challenged.

    NJC statement reads: “The NJC, under the Chairmanship of Justice Mahmud Mohammed, at its meeting on February 24 and 25, 2016 decided to warn Justice Rita Ofili-Ajumogobia and put her on the ‘watch-list’ of the council for the next four years.

    “The judge will also not be considered for any elevation to the Court of Appeal or any ad hoc judicial appointment till her retirement from the Bench.

    “The decision was sequel to the petition written against her by Victoria Ayeni, alleging misconduct and injustice on the part of Justice Ofili-Ajumogobia for failing to deliver judgment in Suit No FHC/AB/CS/31/2011, a pre-election matter between Victoria A. A. Ayeni and Olusola Sonuga and two Ors.

    “She was also alleged to have adjourned the pre-election matter severally until the termination of the life span of the Ogun State House of Assembly.

    The decision of the Council on Justice Ofili-Ajumogobia is with immediate effect.”

  • Is retirement enough for alleged age falsification?

    The National Judicial Council (NJC) has recommended that Abia State Acting Chief Judge, Justice Shadrach Nwanosike, should proceed on compulsory retirement for alleged age falsification.

    The NJC took the decision at its 63rd meeting held on July 17 and 18.

    By the alleged falsification, the judge’s retirement age was unduly extended.

    Justice Nwanosike, however, is yet to react publicly to the allegation, which many consider weighty.

    Our correspondents’ efforts to reach him or get the Abia State judiciary failed at press time.

    Although the NJC’s decision has been described as a step in the right direction, some observers believe that retiring him is not enough deterrent if the allegation is true.

    However, the question on the lip of many is: Is it not a court of law that should determine someone’s guilt or otherwise of perjury?

    Having accused him of age falsification and recommended his retirement, should the matter end with the NJC decision?

    While some believe that compulsory retirement is enough punishment, others have called for more sanctions to deter others.

    To them, Justice Nwanosike, if indeed the allegation is true, should be made to face trial.

    Some lawyers believe that should he be found guilty by a court, he should be made to refund all salaries and benefits received after his genuine date of retirement.

    The allegation against Justice Nwanosike is not the first of its kind.

    There was the case of former Kwara State Chief Judge Justice Saka Yusuf (rtd), who was retired by the NJC led by former Chief Justice of Nigeria, Muhammadu Uwais, after he allegedly spent almost 20 years extra.

    Justice Yusuf was brought from the Kano Judicial Division by former Governor Bukola Saraki, when the tenure of Justice Timothy Oyeyipo as Chief Judge lapsed, instead of appointing the most senior judge in the state then, Justice Fola Gbadeyan.

    Justice Yusuf threw in the towel and left office. He was neither prosecuted by the state, nor asked to refund salaries and allowances he collected ‘illegally’ for over 20 years.

    Efforts to clarify Justice Nwanosike’s exact retirement date of the judge met brickwalls as the state’s judiciary Public Relations Officer, Friday Ikeoha, said he did not have the details.

    He said: ‘‘I do not know. You have to ask the CJ himself because I do not have details of his retirement.

    “It is an NJC matter and I do not keep his personal records. I do not have the Chief Registrar’s number, you may have to come to Umuahia.

    “The NJC only recommended to the governor to retire the CJ, it is left for the governor to decide.’’

    So, what happens to those decisions taken after his legitimate retirement age? Should he be charged to court?

    Lawyers’ reaction

    Lawyers hold divergent views on the matter. While some said the retirement was severe enough and would deter others from such acts, others were of the view that the judge should be prosecuted.

    Chief Emeka Ngige (SAN); chairman, Nigerian Bar Association (NBA), Ikeja, Monday Ubani, his Aba counterpart, Charles Eduzor; constitutional lawyer Dr. Fred Agbaje; Akintayo Iwilade and Chukwuemeka Eze said besides retirement Justice Nwanosike should also be tried.

    They said it was unbecoming of a judge to falsify their age.

    Ngige said: “I do not see the rationale of allowing somebody who committed a very serious crime as perjury to go home on retirement. It is like a slap on the wrist. The man should refund all salaries and allowances he collected for the three years he overstayed as a judicial officer to government coffers.

    “In addition, the Independent Corrupt Practices Commission (ICPC) should arraign him for the offence he committed. It is high time a judicial officer was sent to prison to serve as deterrence. The judgments he delivered while he overstayed are not affected by the age falsification saga. The judgments or decisions he delivered are protected by defacto officer doctrine.

    “By this doctrine acts or official functions performed by an illegal occupant of a public office are deemed in the eyes of the law to have been regularly done. The doctrine is meant to ensure stability in the public service. But the doctrine does not immunise the illegal occupant from prosecution for his criminal conduct.”

    Ubani said: ‘‘Judges are not God but they perform some duties exclusively reserved for God. Therefore, they are like God. For such a person with grave responsibilities to be involved in offences like forgery, fraud, corruption and such like, portends danger to the state.

    ‘‘Retirement as a form of punishment for a culpable judge is not enough. He should be prosecuted in order to deter many judges who fall into this category of age forgers. Judges are not and should not be above prosecution for alleged criminal offences that pollute the temple of justice.’’

    Eduzor described the development as an embarrassment to the state, which will be difficult to erase. He recalled that a Customary Court of Appeal judge in the state was also sacked for the same offence, adding ‘‘it showcases both the state’s judiciary and civil service in bad light.’’

    He called for such actions to be extended to other arms of government in order to bring sanity into the civil service.

    He said: ‘‘It was for this reason that NBA, Aba branch insisted that the state government should not only appoint a seasoned and practicing lawyer who would advise her aright as Attorney General and Commissioner for Justice, but also appoint persons to the office of Chief Judge based on merit and seniority.

    ‘‘If the state government had followed the order of seniority in the appointment of a substantive Chief Judge, which would have been Hon Justice (Mrs.) Ijeoma Offornry, Justice Nwanosike would not have found himself in this mess.

    “Nobody should be happy that this is happening to the state at this point in time, but we warned them beforehand that they should appoint a substantive Chief Judge for the state based on merit and seniority, but they did not listen. How would one explain this that a judicial officer of that caliber could find himself in such a messy deal? This goes to show you how rotten the system has gone.”

    To Agbaje, the judge is not illegible to stay in office a day longer, and should be prosecuted because falsification of age is a criminal offence.

    Eze said the punshment was insufficent and non-deterent, just as he insisted that aside being prosecuted, Justice Nwanosike should be banned from using the title.

    He said: “It is evident that Justice Shadrack falsified his age so as to remain in office to exercise more power and make more money to the detriment of the State, litigants, and citizens of Abia State! This is corruption simplicita and it is one of the forms of corruption that section 15 (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) has enjoined the Nigerian State to eradicate or abolish.

    “The appropriate authorities should proceed to deny him the use of the word “Justice” against his name; also, he should be charged to court for the offence he has been alleged to have committed. If convicted, he should be sentenced to terms of imprisonment in accordance with the law.”

    “The alleged falsification of age, if proved, will amount to a crime. But it is not the responsibility of the NJC to prosecute. Rather, it is the duty of the ministry of justice to decide the question of prosecution after proper investigation of the surrounding circumstances by the police.

    “Though one admits it will be extremely sad to see any member of the bench stand criminal trial, but if it is part of the price we have to pay for the ongoing effort to sanitize the administration of justice system, so be it.

    “The prosecuting authorities should therefore not shy away from initiating the process, if indeed there are compelling reasons for prosecution, and in the absence of a sincere error of personal judgment by the learned Judge.  But it will amount to a misplaced responsibility to expect the NJC to assume the prosecutor’s role. That public duty and discretion lies with the police and the ministry of justice after proper advice.

    However, Prof. Itse Sagay (SAN); Funke Adekoya (SAN) and Norrison Quakers (SAN) said Justice Nwanosike’s retirement was enough punishment for the offence.

    Sagay said: “It is a good omen for the judiciary. I think the punishment is enough. Let him go and savour the disgrace that he has been thrown in.

    “For a judge to falsify his age is a form of moral turpitude. It means he is not a reliable person, he is dishonest, and his judgment can be influenced. In such a situation, there is nothing more befitting for such individual than a sack. I give kudos to the CJN for her bold step in sanitising the Nigeria judiciary, and I am optimistic that soon, issues of corruption in the judiciary will be a thing of the past.

    ‘‘I think his compulsory retirement or probably the forfeiture of his pension in addition, will be enough. If proper sanctions are constantly meted on erring members of the judiciary, it will, in turn, send warning signals to other officers who are guilty of such corrupt practices.’’

    Adekoya said he should not be prosecuted as his compulsory retirement was fit for purpose and enough embarrassment for him and the judiciary as a whole.

    ‘‘In my view, even the money should not be recovered because he worked for it. He worked those extra periods he spent in office,’’ she said.

    To Quakers, what is happening in the judiciary is a function of leadership and the present CJN must be commended for the efforts at sanitizing not just the judiciary but the legal profession as a whole.

    ‘‘The recommendation of compulsory retirement as punishment for falsification of age handed down by the NJC against Justice Nwanosike, in my view must have taken into consideration a number of factors before arriving at this decision and I am in no position to fault both the findings and the consequent recommendation, save to say that there were no allegations of corruption or corrupt enrichment.

    ‘‘But the question that will agitate one’s mind is why did his Lordship falsify his age? Was it done for the perks of office or for the love of the bench? Whatever the reason is; falsification of document by a judicial officer is weighty and raises issues of integrity.

    ‘‘It is not the function of the NJC to initiate and commence criminal prosecution, the work of the NJC has been effected, it is for the Attorney General and Commissioner Justice of Abia State to make recommendations to the Governor of the State on the findings of the NJC with a view of initiating and commencing criminal prosecution, or the Economic and Financial Crimes Commission, EFCC, on the prompting by way of a petition to investigate with a view to prosecuting the erring judge either for corrupt enrichment or abuse of office.

    ‘‘It is only in the doing of this that same can serve as a deterrent against judicial officers, but I do not think as a country and a people, we possess the will to prosecute erring judicial officers. If we take the route of subsequently criminalizing the act or conduct of the judge, it will have a backlash and far reaching consequences including decisions or judgments delivered, after the age, when his lordship ought to have retired, but stayed back.

    ‘‘In my view the recommendation of the NJC should not be altered or tinkered with, against the backdrop that this is not a clear case of corruption or corrupt enrichment or abuse of office.