The National Judicial Council
(NJC) has recommended the dismissal of two judges.
The judges are R. N.
Ofili-Ajumogobia of the federal high court and James T. Agbadu-Fishim of the
National Industrial Court of Nigeria.
The decision of the council was
contained in a statement issued by Soji Oye, its spokesman, on Thursday.
Oye said both judges had
petitions against them from the Economic and Financial Crimes Commission (EFCC)
for alleged malpractice.
“The National Judicial Council
under the chairmanship of the Honourable Mr. Justice Walter Samuel Nkanu
Onnoghen, GCON, at its 87th meeting which was held on 3rd October 2018,
recommended the removal by dismissal from office, of Hon. Mr. Justice R. N. Ofili-Ajumogobia
of the federal high court and Hon. Mr. Justice James T. Agbadu-Fishim of the
national industrial court of Nigeria,” the statement read.
“Hon. Mr. Justice R. N.
Ofili-Ajumogobia was recommended to President Muhammadu Buhari, GCFR, for
removal by dismissal from office pursuant to the findings by the council on the
allegations of misconduct contained in a petition to the Council by the Acting
Executive Chairman of the Economic and Financial Crimes Commission, Mr Ibrahim
Magu, alleging that: Hon. Mr. Justice R. N. Ofili-Ajumogobia is a
Director/Chief Executive Officer and sole signatory to Nigel and Colive Company
contrary to the code of conduct for judicial officers of the federal republic
of Nigeria;
“Several personalities,
individuals, government officials and business partners lodged funds into
various accounts belonging to the Hon. Judge; and there was an ex-parte
communication between the Hon. Judge and Mr. Godwin Oblah, SAN, during the
pendency of his matter before the his lordship.
“The council, however, could not
consider other allegations in the petition because they are already before a
court where the judge is standing trial. Council left those matters for the
trial to take its legal course.
“Hon. Mr. Justice James T.
Agbadu-Fishim of the national industrial court of Nigeria was also recommended
for removal by dismissal from office sequel to the findings of the Council on
the allegations contained in another petition by the acting chairman of the
Economic and Financial Crimes Commission (EFCC) alleging that the Hon. Judge
received various sums of money from litigants and lawyers that had cases before
him, and some influential Nigerians, under the false pretence that he was
bereaved or that there was delay in the payment of his salary. This is contrary
to the code of conduct for judicial officers of the federal republic of
Nigeria.
“In the interim, the council, in
exercise of its disciplinary powers under paragraph 21 (d) of the Third
Schedule of the Constitution of the Federal Republic of Nigeria, 1999, as
amended, has suspended Hon. Mr. Justices R. N. Ofili-Ajumogobia and James T.
Agbadu-Fishim with immediate effect pending their removal from office by the
president of the federal republic of Nigeria.”
The spokesman said council
rejected the retirement of Joshua E. Ikede of the Delta state high court and
asked him to refund salaries of two years.
“This followed the findings on an
allegation of falsification of age contained in a petition written by Zik
Gbemre, National Co-ordinator of Niger Delta Peace Coalition. Council found
that the Hon. Judge ought to have retired since 1st October 2016,” the
statement read.
“Consequently, it backdated his
retirement to 2016 and recommended to the government of Delta state to deduct
from the retirement benefits of the judge, all salaries received by him from
October, 2016 till date and remit it to NJC which pays salaries of all judicial
officers in the federation.
“Council also decided to issue a
Letter of Advice to Hon. Mr. Justice K. C. Nwakpa of high court of Abia state
to guard against unwarranted utterances in matters before him. This was as a
result of a complaint to the council by one Princewill Ukegbu.
“Council considered the reports
of various Investigation Committees and dismissed the petitions written against
Hon. Mr. Justice Yusuf Halilu of the high court of the Federal Capital
Territory, Hon. Mr. Justice E. O. Osinuga of the High Court of Ogun state, and
Hon. Mr. Justice E. O. Ononeze-Madu of the High Court of Imo State.
“The petition by Wema Bank
against Hon. Mr. JusticeYusuf Halilu of the FCT high court was dismissed
because the allegation of misconduct was not established. The judges handling
of the related matter did not amount to the alleged misconduct. The petition on
allegation of inducement, bias and alteration of Ruling written by David
Olawepo Efunwape, Esq. against Hon. Mr. Justice E. O. Osinuga of high court,
Ogun state was found to be false.
“Council, therefore, decided to
report David Olawepo Efunwape, Esq., to the Legal Practitioners Disciplinary
Committee (LPDC) for appropriate sanctions for making false allegations against
a judge.”
Oye added that petitions were
dismissed against some judges including Abdul-Kafarati, chief judge of the
federal high court.
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