The National Judicial Council (NJC) has recommended the immediate compulsory retirement of two judges for engaging in age falsification and withholding of judgment
The NJC, in a statement by its spokesman, Soji Oye, identified the affected judicial officers as the Acting President of the Customary Court of Appeal Imo State, Chukwuma Francis Abosi and a judge of the Bauchi State High Court, Aliyu Musa Liman.
Abosi was said to have altered his dated of birth from 1950 to 1958 to beat his actual retirement year of 2015 when he originally attained the mandatory retirement age of 65 years.
Liman, on his part, was said to have withheld judgment in a case, marked: BA/100/210 between Abubakar Isa and Sheik Tahir Usman Bauchi, for almost four years, as against the three-month period provided by the Constitution.
The NJC, at its meeting held between April 22 and 23 this year, constituted a 10-member committee to work out ways counts could safely conduct proceedings despite the current lockdown and other measures put in place contain the spread of the novel coronavirus in the country.
The committee, which has 14 days to conclude its assignment, has as Chairman, Justice Bode Rhodes-Vivour (of the Supreme Court).
Also at the meeting, the NJC recommended the appointment of 70 new judges for both Federal and state courts as President of Court of Appeal, Grand Kadis, President, Customary Court of Appeal and Judges of High Court of States and the Federal Capital Territory and Kadis of States Sharia Courts of Appeal.
The NJC equally referred eight lawyers to the Legal Practitioners Disciplinary Committee (LPDC) for prosecution in relation to allegations of professional misconduct.
On Justices Abosi and Liman, the statement said: โHon. Justice Francis Chukwuma Abosi, was recommended for compulsory retirement following the falsification of his date of birth from 1950 to 1958.
โFindings showed that he was supposed to have retired in November, 2015 when he clocked the mandatory retirement age of Sixty-five (65) years.
โCouncil decided to recommend for his compulsory retirement to Governor Hope Uzodinma of Imo State and to also deduct the salaries he had earned from November, 2015 to date from his retirement benefit.
โHon. Justice Aliyu Musa Liman was recommended to the Bauchi State Governor, Bala Mohammed for compulsory retirement pursuant to the findings by the Council for his failure to deliver judgement in suit No BA/100/2010 between Abubakar Isa and Sheik Tahir Usman Bauchi within the three months period stipulated by the 1999 Constitution of the Federal Republic of Nigeria.
โCouncil viewed His Lordshipโs failure to deliver judgement for nearly four years as misconduct, contrary to Section 292 (1) (b) of the Constitution of the Federal Republic of Nigeria, 1999, as amended and Rules 1.3 and 3.7 of the 2016 Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.
โMeanwhile, the National Judicial Council, in the exercise of its disciplinary powers under the 1999 Constitution of the Federal Republic of Nigeria, as amended, has suspended Hon. Justice Francis Chukwuma Abosi and Hon. Justice Aliyu Musa Liman from office pending the approval of the recommendation of the Council for his compulsory retirement to their respective state Governors.
โPetitions against the following Judicial Officers; Hon. Justice O. A. Musa of the High Court of the Federal Capital Territory, Hon. Justices Muhammed A. Sambo and Saโad Ibrahim Zadawa of the High Court of Justice, Bauchi State were dismissed for either lacking in merit or being subjudice.โ
On the 10-man committee, Oye gave the name of other members to include Justices M. B. Dongban-Mensem (acting President of the Court of Appeal), J. T. Tsoho (Chief Judge, Federal High Court), B. B. Kanyip (President, National Industrial Court of Nigeria), Ishaq Bello (Chief Judge, High Court of the Federal Capital Territory), Kashim Zannah (Chief Judge, Borno State) and O. A. Ojo.
The President of the Nigerian Bar Association (NBA), Paul Usoro (SAN). His predecessor, Abubakar Mahmoud (SAN) and a Senior Advocate of Nigeria, Damian Dodo.
Oye added that the committee is tasked with the responsibility of coming up โwith urgent practical strategic measures to be put in place in order to ensure courts continue to function despite the lockdown and COVID-19 challenges.
โThe committee, inter-alia, has the following terms of reference: *To come up with guidelines or template for implementation:
*To explore possible areas of collaboration between the Judiciary and the office of the Attorney-General of the Federation, stakeholders in the justice administration and development partners in justice administration sector; and
*Any other measures that the committee may deem fit in realising these objectives.โ
Oye gave the names of the lawyers referred to the LDPC as Apeiyi Becon Clement, Ifeanyi Egwasi, Nwafor Orizu, Godwin Nkemjika Chukwukwere, Akopde Haggai Ukuku, Chief Emefo Etudo, Osamudiamen Obarogie and B. S. Onuegbu.
He said the allegations against the lawyers range from unruly behaviour, walking out of court in the cause of proceedings, to submission of false documents to court.