Nigeria’s judiciary has become a symbol of dysfunction, sabotaging the very fabric of justice and eroding public confidence. But things could change with the wake-up action of an uncompromising oversight judicial body that consistently calls the judges into account.
Amidst the crashing of public trust in the judiciary, the National Judicial Council NJC has made a significant stride: recommending the compulsory retirement of two heads of court and imposing sanctions on several other judicial officers. In a petition submitted to the council, Justice T. E. Chukwuemeka, the Chief Judge of Imo state, and Kadi Babagana Mahdi, the Grand Kadi of Yobe state, were alleged of falsifying their dates of birth.
NJC is an independent body which regulates the affairs of judicial officers in Nigeria, and the members have recommended compulsory retirement of the two officers to their respective state governors. Legal practitioners believe the decision would reiterate the oversight authority of NJC, showing the judicial officers are not immune to prosecution and ultimately restore public trust in the system.
In a statement released on Friday, NJC says Justice Chukwuemeka swore an affidavit in 2006 that altered his date of birth from October 27, 1956, to October 27, 1958. With the alteration, the Justice can prolong his retirement, adding two more years to his time at the bench.
After its investigation, NJC ordered the Judge’s retirement with a retrospective effect from October 27, 2021, and directed him to refund all salaries and allowances earned since that day. On the other hand, the judicial council probed Kadi Mahdi on similar offence, having discovered three conflicting dates of birth in January, July and December, all in 1959. Meanwhile, the council’s investigation traced his true date of birth to 1952, which makes his retirement due in 2012. Like his counterpart, NJC recommended his compulsory retirement, instructing him to refund salaries and allowances received over the past 12 years.
To ensure sound efficiency in the administration of the justice system, the Nigerian constitution prescribed the retirement of judicial officers at different levels. By virtue of section 291 of the constitution, judicial officers like Justice Chukwuemeka and Kadi Babagana Mahdi are recommended to retire at the age of sixty years or be forced to leave the bench at the age of sixty-five.
Swearing to an affidavit to fraudulently change dates of birth is a breach of the Corrupt Practices and Other Related Offences Act that criminalises “falsification,” an intentional act of altering or creating information to mislead and defraud others. And over the years, NJC has probed numerous cases involving age falsification under the provision. For instance, in September 2016, the body announced the compulsory retirement of two of the High Court judges of Niger state over age falsification. Also, in April 2020, the council dismissed a judge of the Imo state High Court following the falsification of date of birth from 1950 to 1958 that prolonged his retirement.
The trend of age falsification by judicial officers forms part of the dastardly acts eroding public trust in Nigeria’s judicial system. A 2022 survey on citizens’ perceptions of governance in Nigeria finds that about 71 percent of Nigerians lack trust in the judiciary because they believe the judicial system is unfair and does not treat everyone equally.
The popularity of offences like this one and false affidavits are the judicial officers’ corrupt practices soiling the image of the Nigerian judiciary. But it’s also the least of many. According to a recent survey by the National Bureau of Statistics (NBS), in collaboration with the United Nations Office on Drugs and Crime (UNODC), Nigeria’s public officials received N721 billion in cash bribes in 2023, and judges topped the list of the recipients.
Zahara Modibbo, a legal practitioner in Nigeria, described the decision as a bold step geared towards ensuring accountability and boosting public confidence in the judicial system. “This will deter other judicial officers from committing such shameful malfeasance and other similar unethical practices,” she said.
The Citizens Gavel, a civil society organisation that advocates for good governance in Nigeria, also believe the NJC’s decision could boost public trust in the judiciary. “When judicial officers are held accountable,” the organisation said in a statement released on Sunday, “it fosters trust in the legal system and ensures justice for all.”
However, Ahmed Musa, a lawyer and youth advocate, thinks the compulsory retirement and salary refund is not a sufficient punitive measure. The judges ought to face the full wrath of law, he says.
“I don’t think it will deter others,” said Ahmed. “The Judges, whether serving or retired, are citizens and bound by the law. Although the NJC lacks punitive powers because it’s not a court of law, it is the duty of the law enforcement agencies like the Independent Corrupt Practices and Other Related Offences Commission (ICPC) or the Police to arrest and then prosecute the offenders.”
In addition to Justice Chukwuemeka and Kadi Babagana, NJC also suspended Justice G. C. Aguma of the Rivers state High Court and Hon. Justice A. O. Nwabunike of the Anambra state High Court, for one year without pay and placed on a two-year watch list. The council found the duo guilty of facilitating a litigant in garnishee proceedings and ignoring a stay of execution order, and for breaching judicial conduct rules, including issuing ex parte orders without due process, respectively.
In the same vein, NJC also issued cautionary letters to Justice I. A. Jamil and Justice J. J. Majebi of Kogi State for assigning a sensitive matter to a junior judge on the bench.
Civil societies say NJC’s sanctions on judges show a functioning oversight and an “unwavering commitment to fostering a credible and trustworthy judiciary,” a statement by the Citizen Gavel reads.
