The dismissal of Hon. Mr. Justice Rita N. Ofili-Ajumogobia of the Federal High Court and Hon. Mr. Justice James T. Agbadu-Fishi of the National Industrial Court has been recommended by The National Judicial Council (NJC).
The decision was taken at the council’s 87th meeting held on October 3, 2018, under the chairmanship of the Chief Justice of Nigeria, Hon. Mr. Justice Walter Samuel Nkanu Onnoghen.
A statement issued by NJC’s Director of Information, Mr. Soji Oye, said Justice Ofili-Ajumogobia was recommended to President Muhammadu Buhari 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 (EFCC), Mr. Ibrahim Magu.
According to the statement, Magu had alleged that: “Justice 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 judge; and there was an ex-parte communication between the judge and Mr. Godwin Oblah, (SAN), during the pendency of his matter before the judge.”
However, NJC said it could not consider other allegations in the petition because they “were already before a court where the judge is standing trial.”
“It, therefore, 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 Magu, alleging that the 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, NJC 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 the two judges with immediate effect pending their removal from office by the president.
NJC said it rejected the letter of voluntary retirement, purported to be with effect from October 1, 2018, submitted to it by Mr. Justice Joshua E. Ikede of the Delta State High Court after it found that the judge falsified his date of birth as contained in a petition against him by Zik Gbemre, National Co-ordinator of Niger Delta Peace Coalition.
“Council found that the Judge ought to have retired since October 1, 2016. Consequently, he 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,” the statement added.
Following a complaint to the council by one Princewill Ukegbu, NJC also issued 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.
