For offences ranging from corruption, malice and vindictiveness, the
\nNational Judicial Council, has recommended compulsory retirement from
\noffice of Justice Mohammed Ladan Tsamiya, Presiding Justice, Court of
\nAppeal, Ilorin Division, Justice I. A. Umezulike, OFR, Chief Judge, Enugu
\nState and the dismissal from service of Justice Kabiru M. Auta of the High
\nCourt of Justice, Kano State with immediate effect.<\/p>\n
In the case of Hon. Justice Kabiru M. Auta, the NJC directed that he is
\nhanded over to the Assistant Inspector-General of Police, Zone 1, Kano,
\nfor prosecution.<\/p>\n
A statement signed by Soji Oye, Esq., Ag. Director (Information), said:
\n\u201cHon. Justice Mohammed Ladan Tsamiya of the Court of Appeal was
\nrecommended for compulsory retirement from Office to President Muhammadu
\nBuhari, GCFR, pursuant to the \u2018Findings\u2019 by the Council in the petition
\nwritten by Nnamdi Iro Oji against him and Hon. Justices Husseini Muktar,
\nF. O. Akinbami and J. Y. Tukur, all Justices of Court of Appeal who sat on
\nElection Appeal Panel in the Owerri Division of the Court during the 2015
\nGeneral Elections. The Petition contains the following allegations, among
\nothers:<\/p>\n
\u2022 Corruption, malice and vindictiveness; and
\n\u2022 Giving perverse and conflicting decisions on the same issue in similar
\nmatters in Appeal CA\/OW\/EPT\/SN\/50\/2015: Chief Dr. David Ogba Onuoha
\nBourdex Vs Hon. Mao Onuabunwa & Anor;<\/p>\n
\u2022 CA\/OW\/EPT\/SN\/47\/2015; Dr. Orji Uzor Kalu & Anor Vs Hon. Mao Ohuabunwa &
\nOrs; and CA\/OW\/EPT\/HR\/61\/2015: Nnamdi Iro Oji Vs Nkole Uko Ndukwe & 16
\nOrs.
\nDuring deliberations, Council found as follows:-<\/p>\n
\u2022 That there was evidence that the Petitioner met with Hon. Justice
\nMohammed Ladan Tsamiya thrice, in his residence in Sokoto, Gwarinpa, Abuja
\nand Owerri where on each occasion, he demanded from him the sum of
\nN200,000.000 (Two Hundred Million Naira) to influence the Court of Appeal
\nPanel in Owerri or risk losing the case;<\/p>\n
\u2022 That the allegations of giving two conflicting judgements on the same
\nmatter was not true as the two judgements were in respect of two different
\nappeals: one was in respect of House of Representative Seat, a Federal
\nConstituency, while the other was in respect of a Senate Seat which
\ncovered one third of the State;<\/p>\n
\u2022 That there was no allegation and no evidence that the Petitioner ever
\nmet or discussed with Hon. Justices Husseini Mukhtar (JCA), F. O.
\nAkinbami(JCA) and J. Y. Tukur(JCA) in respect of the appeal before them.
\nIn the Light of the foregoing that Hon. Justices Husseini Mukhtar (JCA),
\nF. O. Akinbami(JCA) and J. Y. Tukur(JCA), were exonerated.
\nHon. Justice I. A. Umezulike, OFR, Chief Judge, Enugu State was
\nrecommended to the Governor of Enugu State, Rt. Hon. Ifeanyi Ugwuanyi, for
\ncompulsory retirement sequel to the findings by the Council on the
\nfollowing allegations levelled against him by Barrister Peter Eze:-<\/p>\n
\u2022 That the Hon. Chief Judge failed to deliver Judgement in Suit No
\nE\/13\/2008: Ajogwu V Nigerian Bottling Company Limited in which final
\nAddresses were adopted on 23rd October, 2014.\u00a0 The judgement was however
\ndelivered on 9th March, 2015, about 126 days after addresses were adopted,
\ncontrary to constitutional provisions that judgement should be delivered
\nwithin a period of 90 days.<\/p>\n
\u2022 That Hon. Justice Umezulike, OFR, in Suit No E\/159M\/2014, Ezeuko Vs
\nProbate Registrar, High Court of Enugu State and 3 Ors ordered the arrest
\nof Mr.\u00a0 Peter Eze by police and be brought before his Court after the
\nmatter was amicably resolved and judgement entered on terms of Settlement.<\/p>\n
\u2022 That the Hon. Chief Judge in a speech delivered by him to the Eastern
\nBar Forum on Friday 4th March, 2016, openly made uncomplimentary remarks
\ncontaining vulgar language against the Petitioner, contrary to Rule 1.3 of
\nthe National Judicial Council Revised Code of Conduct for Judicial
\nOfficers.<\/p>\n
\u2022 That at the time of the book launch of the Hon. Chief Judge, donation of
\nN10 million was made by Prince Arthur Eze during the pendency of the two
\ncases in His Lordship\u2019s Court, both of which Prince Arthur Eze has vested
\ninterest.<\/p>\n
\u2022 That there have been many instances of abuse of Judicial powers, by the
\nChief Judge, particularly against the two defendants in Suits Nos.
\nE\/6\/2013 and E\/88\/2016.\u00a0 The Chief Judge clung to these two suits to
\nremain in his Court, despite all genuine efforts made by the defendants to
\nget the suits transferred to another Court.<\/p>\n
\u2022 That the Chief Judge sitting at a vantage position of Senior Judicial
\nOfficer and Head of Court for that matter, should not have allowed his
\nemotions to dictate his judicial functions to the detriment of the
\ndefendants in both suits.<\/p>\n
In the case of Hon. Justice Kabiru Auta of the High Court of Justice, Kano
\nState, he was recommended to the Kano State Governor, Alhaji Abdullahi
\nUmar Ganduje, for dismissal and be handed over to the police for
\nprosecution following the findings of the Council on the allegations
\nlevelled against him by Alhaji Kabiru Yakassai as follows:-<\/p>\n
\u2022 That the Petitioner paid the sum of N125, 000.000.00 (One Hundred and
\nTwenty-five Million Naira) into an account approved by the Hon. Judge.<\/p>\n
\u2022 The Petitioner also made cash payment of N72,000,000.00 (Seventy-five
\nMillion Naira) to Hon. Justice Auta in several instalments through his
\nPersonal Assistant, Abdullahi Bello, ostensibly for the purpose of
\nassisting a former Chief Justice of Nigeria who had just been appointed to
\nsecure accommodation and for the Petitioner to be in turn rewarded by the
\naward of some contracts by the said Hon. Chief Justice of Nigeria.<\/p>\n
\u2022 That Hon. Justice Auta facilitated telephone communications in his house
\nbetween the Petitioner and purportedly the former Hon. Chief Justice of
\nNigeria on the other end.<\/p>\n
\u2022 That Hon. Justice Auta facilitated meetings between the Petitioner and a
\nlady who introduced herself as the purported Hon. Chief Justice of Nigeria
\nin a Prado Jeep, escorted by armed Police Officer in a hotel in Kaduna.<\/p>\n
\u2022 That after the Petitioner suspected foul play and reported the matter to
\nthe police, Hon. Justice Auta agreed to pay the Petitioner the sum of N95,
\n000.000.00 (Ninety-five Million Naira) as part of his claim while Abubakar
\nMahdi was to pay the sum of N125, 000.000.00 (One Hundred and Twenty-five
\nMillion Naira) to the Petitioner.<\/p>\n
\u2022 That pursuant to the agreement, Hon. Justice Auta made a part payment of
\n$11, 000.00 (Eleven Thousand U. S. Dollars) and N16,000.000.00 (Sixteen
\nMillion Naira) cash to the Petitioner and undertook to pay the balance
\nbefore the commencement of the Fact Finding Committee set up by the
\nNational Judicial Council to investigate the allegations.<\/p>\n
\u2022 That Hon. Justice Kabiru Auta admitted accepting to pay the money as
\nagreed in AIG\u2019s Office in Kano according to him \u201chaving suffered
\nhumiliation, and incarceration and had nowhere to go for help and in order
\nto protect my image and the image of the judiciary\u201d.\u00a0 He however, said
\nthat the settlement was for him to\u00a0 pay N35 million and not N95 million
\nand that to that effect, he paid N20 million so far including the
\n$11,000.00; and<\/p>\n
\u2022 That Hon. Justice Kabiru stated in his evidence, that the purpose of the
\nPetitioner visiting his house at times was that as a friend, he used to
\nseek favours for his people who had matters before him, a conduct that is
\nin itself self-indicting and a serious abuse of Judicial Oath.<\/p>\n
\u2022 The above allegations against the three Judicial Officers constitute
\nmisconduct contrary to Section 292 (1) (b) of the 1999 Constitution of the
\nFederal Republic of Nigeria, as amended and Rules 1.2, 1.3, 1.4, 1.5, 2.1,
\n3.2, 3.7, 4.1, 4.2, 8.4a, 13.1, 15.2 of the 2016 Revised Code of Conduct
\nfor Judicial Officers of the Federal Republic of Nigeria.<\/p>\n
Meanwhile, the National Judicial Council, in the exercise of its
\ndisciplinary powers under the 1999 Constitution of the Federal Republic of
\nNigeria, as amended, has suspended Hon. Justice Mohammed Ladan Tsamiya,
\nPresiding Justice of the Court of Appeal, Ilorin Division, Hon. Justice I.
\nA. Umezulike, OFR, Chief Judge of Enugu State and\u00a0 Hon. Justice Kabiru
\nAuta of Kano State High Court from Office with immediate effect, pending
\nthe approval of the recommendations of the Council for their compulsory
\nretirement and dismissal respectively, from office by the President of the
\nFederal Republic of Nigeria, Muhammadu Buhari, GCFR; Governor Lawrence
\nIfeanyi Ugwuanyi of Enugu State and Governor Abdullahi Umar Ganduje, OFR,
\nof Kano State, respectively.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
For offences ranging from corruption, malice and vindictiveness, the National Judicial Council, has recommended compulsory retirement from office of Justice Mohammed Ladan Tsamiya, Presiding Justice, Court of Appeal, Ilorin Division,…<\/p>\n","protected":false},"author":1,"featured_media":53597,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-53596","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n