NJC recommends 12 judges for appointment to Court of Appeal

A Photo of the NJC building
The National Judicial Council (NJC) has recommended the elevation of 12 judges to the Court of Appeal following its 111th meeting held on Wednesday under the chairmanship of the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun.

The recommendation was made to President Bola Tinubu, according to a statement issued by the NJC’s Deputy Director of Information, Kemi Babalola-Ogedengbe.

The judges recommended for elevation are Justice Emeka Nwite, Justice James Kolawole Omotosho, Justice Yakubu Mohammed, Justice Abodunde Oluwatoyin, Justice Ajuwa Raphael, 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, alongside two nominees for appointment as Kadis of the Sharia Court of Appeal in Katsina State.

According to the NJC, the recommendations are aimed at filling vacancies created by the elevation and retirement of judicial officers across various levels of the judiciary, while strengthening the capacity of courts for more effective justice delivery.

The Council further extended the appointment of Justice Ijeoma Agugua as Acting Chief Judge of Imo State for another three months, from March 26 to June 26, 2026, pending the completion of the process for appointing a substantive Chief Judge.

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

It also urged the Imo State Judicial Service Commission to expedite the appointment of a substantive Chief Judge to ensure stability, protect judicial independence, and enhance the administration of justice in the state.

On disciplinary matters, the Council rejected appeals filed by eight judges of the Imo State Judiciary seeking to overturn their compulsory retirement over age falsification.

The affected judges were among 10 judicial officers recommended for compulsory retirement at the NJC’s 109th meeting held on June 25, 2025. Nine were found to have altered their dates of birth in official records to unlawfully extend their years of service, while Justice T.N. Nzeukwu was sanctioned for making himself available to be sworn in as Acting Chief Judge despite being fourth in the judicial hierarchy, contrary to Section 271(4) of the Constitution.

The Council held that the judges failed to present fresh evidence capable of warranting a reversal of the sanctions imposed on them.

However, the NJC reinstated Hon. Justice T.I. Nze of the Customary Court of Appeal after he presented new evidence to the review committee, which was verified as authentic.

The Council also considered 13 investigation reports arising from petitions against judicial officers across the country concerning the handling of cases before them.

Eight petitions were dismissed for lack of merit, failure of diligent prosecution, or because they were statute-barred. However, sanctions, including one-year suspension without pay, were imposed on Justice Ibrahim D. Shekarau of the Nasarawa State High Court and Justice Edward A.E. Okpe of the High Court of the Federal Capital Territory.

Justice Shekarau was found guilty of judicial misconduct for granting 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 over allegations of breach of fair hearing in a matrimonial dispute.

The petition against Justice Shekarau was filed by Oluwafunke Obale Ozozoma, who alleged that the judge 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 claimed the application was filed, heard, and granted on the same day despite the absence of a substantive suit before the court. She further argued that the order wrongly implied her involvement in fraud even though she had neither been charged nor joined as a party to the proceedings.

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

Similarly, Justice Okpe was suspended following a petition by Mr. Sunday Emmanuel Oso, who accused the judge of bias and denial of fair hearing in a suit involving Lateefat Adeola Oso and Sunday Emmanuel Oso.

Oso alleged that although hearing notices fixed the matter for September 19, 2024, the court proceeded to hear and grant an ex parte application on September 17, 2024, without notifying him.

He also claimed that when the matter later came up, the judge declined to hear the Motion on Notice and instead entertained committal proceedings against him for allegedly disobeying the earlier ex parte order.

The committee concluded that Justice Okpe violated Rule 3.3 of the Revised Code of Conduct for Judicial Officers by granting an ex parte application that resulted in committal proceedings without giving the petitioner an opportunity to be heard.

In addition, the NJC resolved to refer Mbadiwe Ossai to the Inspector-General of Police for investigation and possible prosecution over alleged perjury.

The Council also referred Adeboye Williams Adewale, Esq.; Dr. Peter N. Ekemezie, Esq.; Dr. Martin Odika, Esq.; and Muhammad Hamza Ahmad-Gana, Esq., to the Legal Practitioners Disciplinary Committee for allegedly filing frivolous and unsubstantiated petitions intended to harass and intimidate judicial officers.

In a related development, the NJC barred Yusuf Isa, described as a serial petitioner, from filing further petitions before the Council.

The Council also reaffirmed that the Nigerian Constitution does not prohibit retired public servants from being appointed as judicial officers.

Under the newly adopted policy, retired public servants seeking judicial appointment must have at least 10 years remaining before reaching the mandatory retirement age for judges. Applicants must also disclose any criminal convictions, provide their full employment history and reasons for leaving previous positions, declare existing employment obligations, and disclose their financial status, including any circumstances of financial embarrassment.