NJC Recommends Elevation Of 12 Justices To Court Of Appeal

The National Judicial Council (NJC), has recommended the elevation of 12 Justices to the Court of Appeal.

At its 111th Meeting held on Wednesday, under the Chairmanship of the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, the Council made the recommendation to President Bola Tinubu.

A statement signed by the Deputy Director of Information of the NJC, Kemi Babalola-Ogedengbe, disclosed that those recommended for elevation are Justice Emeka Nwite, Justice James Kolawole Omotosho, Justice Yakubu Mohammed, Justice Abodunde Oluwatoyin and Justice Ajuwa Raphael.

Others are Justice Abua Ojie, Justice Ijohor Jennifer, Justice Shuaibu Bala, Justice Buba Njane, Justice Kado, Sanusi, Justice Ademola, Enikuomehin and Justice Dadom Veronica.

The Council also recommended the appointment of Christine Ende as a Judge of the High Court of Benue State and two others for appointment as Kadis of the Sharia Court of Appeal, Katsina State.

These recommendations are intended to fill vacancies arising from the elevation and retirement of Judicial Officers across various levels of the Judiciary and to strengthen the capacity of courts for effective justice delivery.

The NJC has also extended the appointment off Justice Ijeoma Agugua as Imo State Acting Chief Judge for a further period of 3 months with effect from March 26, 2026 to June 26, 2026 to allow for completion of the process for appointing a substantive Chief Judge.

The Council commended Justice Ononeze-Madu for declining to be sworn in contrary to established constitutional procedure, describing the action as a demonstration of institutional integrity and respect for the rule of law.

It reiterated the call on the Imo State Judicial Service Commission to expedite the process of appointment of a substantive Chief Judge in order to ensure stability, safeguard judicial independence, and enhance the effective administration of justice in the State.

On issues of discipline, the NJC rejected appeals filed by eight judges of the Imo State Judiciary seeking a reversal of their compulsory retirement from service over age falsification.

The affected Judges were among 10 Judicial Officers recommended for compulsory retirement at the Council’s 109th meeting held on 25 June 2025.

Nine of them were found to have altered their dates of birth in official records to unlawfully extend their years in service, while Justice T. N Nzeukwu was found to have made himself available to be sworn in as Acting Chief Judge despite being fourth in the hierarchy of Judges, contrary to Section 271(4) of the Constitution.

The Council found that the affected Judges failed to present fresh evidence capable of justifying a reversal of the sanctions imposed on them.

However, the Council reinstated Hon. Justice T. I. Nze of the Customary Court of Appeal after His Lordship presented new evidence to the review committee which was found to be authentic.

After considering 13 investigation reports on petitions filed against Judicial Officers across the country over the handling of cases before them, the NJC dismissed 8 petitions for lack of merit, want of diligent prosecution or for being time barred, while sanctions including one-year suspension without pay were imposed on Justice Ibrahim D. Shekarau of the High Court of Nasarawa State and Justice Edward A . E . Okpe of the High Court of the Federal Capital Territory.

While Justice Shekerau was found liable for judicial misconduct involving the grant of an ex parte order in breach of the Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria, 2016, Justice Okpe was suspended for one year without pay over allegations of breach of fair hearing in a matrimonial case.

The petitioner Oluwafunke Obale Ozozoma had alleged that Justice Shekarau granted an ex parte order directing the transfer of N7 million from her bank account to a third party as a purported reversal of funds. She contended that the ex parte application was filed, heard, and granted on the same day without any substantive suit pending before the Court, and the order wrongly implied her involvement in fraud despite her not being charged or made a party to the proceedings.

She further alleged that the Judge failed to verify the alleged erroneous transfer before making the order, thereby amounting to judicial misconduct.

The committee found that the Judge acted in bad faith, failed to observe due process and demonstrated lack of professional competence.

Similarly, the Council suspended Justice Okpe after a petition filed by Mr. Sunday Emmanuel Oso, who accused the Judge of bias and denial of fair hearing in a suit between Lateefat Adeola Oso and Sunday Emmanuel Oso.

In the petition, Oso alleged that although he was served hearing notices fixing the matter for September 19, 2024, the court heard and granted an ex-parte application on September 17, 2024 without notice to him.

He further alleged that when the matter later came up, the judge declined to hear the Motion on Notice and instead entertained committal proceedings against him based on alleged disobedience of the earlier ex-parte order.

The committee found that Hon. Justice Okpe granted an ex parte application that led to committal proceedings against the petitioner without affording him the opportunity to be heard, contrary to Rule 3.3 of the Revised Code of Conduct for Judicial Officers.

The NJC also resolved to refer one Mbadiwe Ossai to the Inspector-General of Police for investigation and prosecution for alleged perjury while Adeboye Williams Adewale, Esq.; Dr. Peter N . Ekemezie, Esq.; Dr. Martin Odika, Esq.; and Muhammad Hamza Ahmad-Gana, Esq.; were referred to the Legal Practitioners Disciplinary Committee for writing frivolous and unsubstantiated petitions calculated to harass and intimidate Judicial Officers.

In a related development, one Yusuf Isa, a serial petitioner, was barred from further presenting petitions to the Council.

The NJC has also reaffirmed that the Constitution of of Nigeria does not prohibit retired public servants from judicial appointment.

Under the newly adopted policy: * A retired public servant must have a minimum o f ten (10) years remaining in service before attaining the mandatory judicial retirement age; * Prospective candidates must disclose any criminal conviction; * Provide full employment history and reasons for leaving previous employment; * Declare existing employment obligations; and * Disclose financial status, including any circumstance of financial embarrassment.