judiciary, the National Judicial
Council, has recommended the
compulsory retirement of three
judges over the following allegations of fraud and other judicial misconduct.
The judges include the Chief Judge
of Enugu State, A. I. umezulike: a
presiding justice at the Court of
Appeal in Kwara State, Mohammed
Tsamiya; and Kabiru Auta of the
Kano State High Court.
They were sacked by the NJC during
the council’s 78th meeting held on
September 29.
In a statement made available to
journalists on Friday, the Council’s
Director of Information: Soji Oye,
said Justice Umezulike was accused
of abusing his office and
mistreating defendants.
The council made its findings
against Mr. Umezulike following a
petition by a lawyer, Peter Eze.
The findings include the following:
“That the Hon. Chief Judge failed to
deliver Judgement in Suit in which
final addresses were adopted on
23rd October, 2014, until the 9th
day of March, 2015, about 126 days
after addresses were adopted.”
The act goes contrary to
constitutional provisions that
judgement should be delivered
within a period of 90 days after
adoption of addresses.
The council also said Mr. Umezulike
abused his privileges when he
ordered the petitioner, Mr. Eze, to
be arrested by police officers and
brought to court, after an
agreement had been reached on a
matter before him and judgement
entered on terms of settlement.
Mr. Umezulike was also accused of
making defamatory statements in
public against the petitioner,
contrary to Rule 1.3 of the National
Judicial Council Revised Code of
Conduct for Judicial Officers.
“That there have been many
instances of abuse of Judicial
powers, by the Chief Judge,
particularly against the two
defendants in Suits Nos. E/6/2013
and E/88/2016. The Chief Judge
clung to these two suits to remain in
his Court, despite all genuine efforts
made by the defendants to get the
suits transferred to another Court.
“That the Chief Judge sitting at a
vantage position of Senior Judicial
Officer and Head of Court for that
matter, should not have allowed his
emotions to dictate his judicial
functions to the detriment of the
defendants in both suits,” the
statement said.
THE APPEAL COURT JUDGE
On his part, Mr. Tsamiya was
recommended for retirement for
collecting a bribe of N200 million
from an applicant to facilitate the
processes for his case.
The findings were made following
investigations into a petition by a
certain Nnamdi Orji against Mr.
Tsamiya and three other judges:
Husseini Muktar, F. O. Akinbami
and J. Y. Tukur.
The petitioner had alleged that the
judges made contrasting decisions,
in similar cases; in addition to
allegations of fraud said to have
been perpetrated by Mr. Tsamiya.
The council, in its findings said
there was evidence that the
petitioner met with Mr. Tsamiya
thrice, in his residence in Sokoto,
Abuja and Owerri where on each
occasion, the judge demanded from
the petitioner the sum of N200
million to influence the Court of
Appeal Panel in Owerri or risk
losing the case.
The council however, found that
there was no evidence of conflicting
judgements against Mr. Tsamiya, as
the cases referred to were different
in content.
It also found that there was no
evidence that the petitioner ever
met or discussed with the other
Justices – Mukhtar, Akinbami and
Tukur – in respect of the appeal
before them.
“It is in the Light of the foregoing
that Hon. Justices Husseini Mukhtar
(JCA), F. O. Akinbami(JCA) and J. Y.
Tukur(JCA), were exonerated,” the
statement said.
THE KANO JUDGE
In the case of Mr. Auta of the High
Court of Justice, Kano State, he was
recommended to the State
Governor, Abdullahi Ganduje, for
dismissal for collecting N125 million
from the petitioner.
The council said Mr. Auta is to be
handed over to the Assistant
Inspector-General of Police, Zone 1,
Kano, for prosecution.
He was found to have defrauded the
petitioner in many ways, some of
which Mr. Auta admitted to police
officers.
“The petitioner also made cash
payment of N72 million to Mr. Auta
in several instalments through his
Personal Assistant, Abdullahi Bello,”
the statement said.
The payment was to assist a former
Chief Justice of Nigeria who had just
been appointed to secure
accommodation and for the
petitioner to be in turn rewarded
by the award of some contracts by
the said Hon. Chief Justice of
Nigeria.
The council said the allegations
against the three Judicial Officers
constitute misconduct contrary to
Section 292 (1) (b) of the 1999
Constitution of the Federal Republic
of Nigeria, as amended and
subsections of rule Rules 1, 2, 3, 4
13 and 15 of the 2016 Revised Code
of Conduct for Judicial Officers.
The judges were suspended pending
the approval of their
recommendation for retirement.
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