NJC writes Buhari, calls for sack of two prominent judges

The National Judicial Council (NJC) has asked President Muhammadu
Buhari to dismiss two judges after being found guilty of corruption
allegations brought against them by the Economic and Financial Crimes
Commission (EFCC).

The affected judges are Rita Ofili-Ajumogobia of the Federal High
Court and James Agbadu-Fishim of the National Industrial Court of
Nigeria.

Agbadu-Fisgim has been accused of receiving bribe from Paul Usoro, a
Senior Advocate of Nigeria (SAN), Ofili-Ajunogobia was accused of
receiving gratification in the sum of N5million From Godwin Obla,
another (SAN).

Ofili-Ajumogobia faced 27 counts of unlawful enrichment, taking
property by a public officer, corruption, forgery and giving false
information to an official of the EFCC.

This was disclosed in a petition signed by NJC Director of
Information, Soji Oye, Esq.

The petition reads: "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.

"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. Ofil-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.

"Council rejected the letter of voluntary retirement, purported to be
with effect from the 1st of October 2018, submitted to it by Hon. Mr.
Justice Joshua E. Ikede of the Delta State High Court. 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.

"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 judge's 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.The
petition written by Hon. Eugene Okechukwu Dibiagwu against Hon. Mr.
Justice E. O. Ononeze Madu was dismissed by the Council for lack of
merit. Council also decided to warn the Petitioner and asked him to
apologise to the Hon. Judge for the false allegation of inducement.

"New petitions written against twenty-six (26) Judicial Officers from
the Federal and State High Courts were considered by Council, after
which it resolved to empanel four (4) Committees to investigate.

14. The remaining petitions were summarily dismissed for obvious and
manifest lack of merit, being subjudice, concerning administrative
matters, or that such petitions were matters for appeal. The dismissed
petitions were against Hon. Mr. Justice J. O. Bada, Presiding Justice,
Court of Appeal, Benin Division, Hon. Mr. Justice Abdul-Kafarati,
Chief Judge, Federal High Court and Hon. Mr. Justices I. N. Buba, H.
R. Shagari, R. M. Aikawa, O. E. Abang all of the Federal High Court;
Hon. Mr. Justice Marshal Umukoro, Chief Judge, Delta State and Hon.
Mr. Justice E. G. Timi also of the Delta State High Court, Hon. Mr.
Justice S. U. Dikko, Chief Judge,Nasarawa State, Hon. Mr. Justice P.
N. C. Umeadi, Chief Judge, Anambra State, Hon. Mr. Justices A. O.
Opesanwo, A. J. Coker both of Lagos State High Court, Hon. Mr. Justice
C. I. Gabriel Nwankwo, President, Customary Court of Appeal, River
State, Hon. Mr. Justices C. A. Okirie and G. O. Omeji both of River
State High Court, Hon. Mr. Justice Iniabasi Udobong of High Court,
Akwa-Ibom State, Hon. Mr. Justice S. O. Falola of High Court, Osun
State, Hon. Grand Kadi, Sokoto State, Hon. Mr. Justice I. B. Ahmed of
Katsina State High Court and Hon. Mr. Justice Patricia Mahmoud
formerly of the Kano State High Court before her elevation to the
Court of Appeal."