Compulsory Retirement Of 9 Imo Judges: Integrity Of Judiciary In The Balance

By Chekwube Nzomiwu

The compulsory retirement of nine judges of the Imo State Judiciary accused of age falsification, following their clearance by the National Judicial Council, has once more called into question the integrity of the Nigerian judiciary. The council recommended their compulsory retirement after its 109th meeting, presided over by the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun. The recommendation was made sequel to the consideration of the report of its investigative committee on allegations of age falsification against 18 judges of the Imo State Judiciary on the one hand, and the queries issued to Hon. Justices V.C. Okorie and T.N. Nzeukwu.

According to a statement released by the NJC after the meeting, the council recommended the compulsory retirement of 10 judges of the Imo State Judiciary. Quoting the statement signed by the Deputy Director Information, Kemi Babalola-Ogedengbe, nine of the judges were found to have altered their dates of birth in their official records, to confer on themselves the undue advantage of staying longer in service, while the other judicial officer, Hon. Justice T.N. Nzeukwu was found to have made himself available to be sworn in as the Acting Chief Judge of Imo State, knowing full well that he was number four in the hierarchy of judges of Imo State Judiciary, which is contrary to Section 271(4) of the Constitution of the Federal Republic of Nigeria.

The nine judges found to have falsified their records comprised five high court judges and four of the Customary Court of Appeal, Imo State. The affected high court judges are Justices M.E. Nwagboso, B.C. Theka. K.A. Leaweanya, Chineye Ngozi Okereke and Innocent Chidi Ibeawuchi. Those of the Customary Court of Appeal are Justices Tennyson Nze, Uchenna Ofoha, Everyman Eleanya and Rosemond Ibe. While the nine judges were retired, Justice Nzekwu was sanctioned for making himself available to Governor Hope Uzodimma to be illegally sworn into office as the Acting Chief Judge of Imo State.

Although several other decisions were taken by the NJC at the meeting, the clearance of the nine judges accused of age falsification is the one ruffling feathers. The argument is that the NJC is not a court. So, from where did the council derive the powers to clear persons accused of committing a criminal offence?

Before penning down this article, I reached out to some “senior lawyers”, but they were not forthcoming about speaking on this matter. When I contacted Dr Ifeanyichukwu Okonkwo, a layman well-versed in issues of law and jurisprudence, he asked me whether all Nigerians were no longer equal before the law and if the NJC is encouraging selective justice in Nigeria. Equally of concern is that some of the retired judges might have, in the course of their career on the bench, tried, convicted and sentenced persons for similar criminal offences. If the people that they sentenced are languishing in jail, why should they go on retirement with all the accruing benefits? Nigerians are expecting answers to this question.

For further enquiries, Okonkwo referred me to the 1999 Constitution (as amended) and the case of Nganjiwa versus the Federal Republic of Nigeria. He, however, saluted the courage of the NJC and its leadership under the Hon. Chief Justice of Nigeria, Kudirat Kekere-Ekun, for the disciplinary action taken against the erring judges. Okonkwo said the sanction reflected a new vision towards the urgently needed reformation of the entire judiciary. “The key principles of being a judge include integrity, honour, impartiality, legal knowledge, ethics, wisdom, patience, decisiveness and maintaining public trust, all of which are essential for ensuring fairness and justice for all,” he said.

Nevertheless, judging by what I found in the Constitution, persons who committed criminal offences are meant to be tried by the court, and not an investigative committee of the NJC. Chapter VII of the Constitution deals with the entire court system in the country. This chapter, comprising Sections 230 to 296, offers a detailed description of the court system. The provisions cover the establishment, appointments, jurisdictions, compositions/constitution, powers, practice, procedures and enforcement, to mention but a few. The Constitution did not list the NJC among the courts in Nigeria.

Rather, NJC was listed as one of the Federal Executive Bodies established by Section 153(1) of the 1999 Constitution (as amended). The membership and functions of the NJC are explicitly stated in the Third Schedule, Part 1(I) of the Constitution. The functions of the council include appointment, promotion and discipline of judicial officers, as well as managing the finances and overall policy and administration of the judiciary. It does not include the trying of criminal offences. Falsification of records, using a false affidavit, is a criminal offence. Hence, I don’t think it is right for the NJC to clear a judicial officer accused of committing such an offence when the person has not been tried and found not guilty by a competent court.

Concerning the case of Nganjiwa versus FRN, the Supreme Court held that there is nothing which excludes the exercise of disciplinary power of the 1st Respondent (NJC) in misconduct of a criminal nature by a judicial officer. As stated by the late Nweze JSC in FRN versus Nganjiwa, the institution of criminal proceedings against a serving judicial officer without a first recourse to the NJC constitutes an unconstitutional usurpation of the powers of the said NJC…

On this note, the NJC, having found that the nine judges falsified their records, ought to have dismissed them and referred the matter to the Attorney General of Imo State and the Inspector General of Police for prosecution.

Absolving and sending judges involved in such a messy affair on compulsory retirement with all their accruing benefits is another serious dent on the already battered image of the judiciary of a nation, which prides itself as the Giant of Africa.

The CJN, Justice Kekere-Ekun, was in Johannesburg a few days ago, celebrating and showering praises on the South African Court. She described the Constitutional Court in South Africa as a source of inspiration across the continent and beyond, recognising the role it played in strengthening democracy in post-apartheid South Africa.

Please, Justice Kekere-Ekun, the Nigerian judiciary can compete and even do better than the South African Court if you embark on reforms to sanitise and restore the integrity of the system. It is very important that you do so now, especially with the coming 2027 general election. There is no way that democracy can thrive in Nigeria under a questionable justice system. All judicial officers must be above board.

In conclusion, let the CJN know that any reforms in the judiciary must start with the NJC, which she presides over as the chairman. The council should use the case in Imo to restore the confidence of the Nigerian public and even the international community in our judiciary, by referring the messy age falsification affair involving judges of Imo State Judiciary to the Attorney General of Imo State and the police for trial. I rest my case.

For Diaspora Digital Media Updates click on Whatsapp, or Telegram. For eyewitness accounts/ reports/ articles, write to: citizenreports@diasporadigitalmedia.com. Follow us on X (Fomerly Twitter) or Facebook