NJC orders immediate retirement of two Nigerian judges, refund of salaries over age falsification

The National Judicial Council (NJC), under the chairmanship of the Chief Justice of Nigeria, Justice Kudirat Motonmori Olatokunbo Kekere-Ekun, has ordered Justice T. E. Chukwuemeka Chikeka and Kadi Babagana Mahdi to refund the salaries they received over several years and immediate retirement due to falsification of their ages.

Chikeka was ordered to refund three years’ salary, while Mahdi was directed to refund twelve years’ salary.

The Council, in a statement on Friday, also recommended the compulsory retirement of both judicial officers over the age falsification.

The decision was made during the NJC’s 107th Meeting held on 13 and 14 November 2024, according to a statement by Kemi Babalola-Ogedengbe, Esq., NJC Deputy Director (Information).

Age Falsification 

According to the statement, Chikeka was recommended for compulsory retirement to the Governor of Imo State, effective from 27 October 2021.

• The statement also directed that all salaries and allowances received in excess by Chikeka, from 27 October 2021 till now, should be refunded to the Council.

“The recommendation was made following the Council’s findings that Chikeka had two different dates of birth: 27 October 1956 and 27 October 1958. However, 27 October 1956 appeared to be the consistent date, but in 2006, the Chief Judge swore to an affidavit changing his date of birth to 27 October 1958,” the statement added.

• The Council also discovered that Kadi Mahdi had three different dates of birth—10 December, 28 January, and a date in July— all in 1959, while his actual date of birth was in 1952.
• The Council held that Grand Kadi Mahdi had committed an act of misconduct in violation of Rule 02908 (i) and (ii) of the Public Service Rules, 2021, and should have retired from service 12 years ago.

“The Council, therefore, resolved to recommend Hon. Kadi Babagana Mahdi for compulsory retirement to the Governor of Yobe State, and that he should refund all salaries and allowances received over the past 12 years,” the NJC stated.

More Insights 

Furthermore, the Council suspended Hon. Justice G. C. Aguma of the High Court of Rivers State from performing judicial functions for one year without pay and placed him on a “Watch-List” for two years thereafter.

• The Council found that Aguma had committed misconduct by assisting a litigant who obtained a judgment at the FCT High Court, Abuja, and subsequently filed a case against judgment debtors in the Bori Division of the High Court, Rivers State.
• The Council stated that Justice Aguma failed to question why the garnishee proceedings were brought to his court in Bori for a money judgment that could have been enforced in Abuja.

“The Council further found that the speed with which Hon. Justice Aguma granted the order absolute against the judgment debtors suggested personal interest, especially as he failed to consider the stay of execution of the judgment granted in favor of the judgment debtors by the Bwari High Court, which had been brought to his attention,” the statement read.

• Justice A. O. Nwabunike of the Anambra State High Court was similarly suspended from performing judicial functions for one year without pay and placed on a “Watch-List” for two years thereafter.
• The Council held that he abused his judicial powers by granting ex parte orders without a motion on notice filed alongside the originating summons.
• The Council also exonerated Federal High Court Justices Peter Lifu and Joyce Abdulmalik of petitions alleging misconduct.

“The Council found that the allegations of inducements to the tune of $1 million, a bulletproof car, and a plot of land to Hon. Justice Lifu by Chief Emeka Beke, Chairman of the All Progressives Congress (APC), Rivers State, were unsubstantiated,” the statement stated.

• It was also noted that the same parties who appeared before the Rivers State High Court also appeared before Hon. Justice Lifu at the Federal High Court in Abuja but failed to disclose the existence of a sister case at the Rivers State High Court.

“The Council noted that the alleged acts of misconduct were actually committed by the petitioners, who filed the case at the Rivers State High Court after the case had been instituted at the Federal High Court, suggesting forum shopping,” the NJC continued.

“The Council concluded that Hon. Justice Lifu exhibited no personal interest in the matter and did not misconduct himself during the proceedings. The complaints in the petition are now subject to appeal by the petitioners, “ The statement added.

Regarding the petition filed by Dr. G. M. Giles-West Clark, Rivers State House of Assembly, against Hon. Justice Joyce Abdulmalik of the Federal High Court, Abuja Division, the Council found that the petition was not supported by a verifying affidavit and thus dismissed it.

The NJC is the apex judicial body responsible for disciplining judicial officers.