Some senior lawyers in the country have disagreed over the prosecution of judges who were recently recommended for compulsory retirement for falsifying their ages.

The National Judicial Council, under the chairmanship of the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, in a statement on 15 November, disclosed that two heads of the court had been recommended for compulsory retirement over age falsification.

The Chief Judge of the Imo State High Court, Justice T. E. Chukwuemeka Chikeka, was recommended for compulsory retirement.

Similarly, the NJC also directed the Grand Kadi of Yobe State, Kadi Babagana Mahdi, who had three different dates of birth—10 December, 28 January, and July, all in 1959, with the actual date of birth being 1952—to go on compulsory retirement.

Some Nigerians have been calling for the prosecution of the indicted judges to serve as a deterrent to others.

However, some Senior Advocates of Nigeria disagreed with the call, noting that prosecuting the affected judges might be too severe.

This was as some other senior lawyers said the prosecution would serve as a deterrent to others.

A former chairman of the Presidential Advisory Committee Against Corruption, Professor Itse Sagay, SAN, stated that the decision of the NJC to retire the judges compulsorily was sufficient.

He said, “I think that punishment is enough. You know the disgrace and the shame of being exposed for falsifying age and then being retired compulsorily? Some punishments are even worse than prison because these are people of great importance in their various circles and societies. I think that punishment is enough, but as I said, I think we should give the new CJN a chance. I am going to personally do that.”

Sharing a similar view, another senior lawyer, Lekan Ojo, SAN, said the nature of the offence committed by the indicted judges would determine if they deserved to be prosecuted or not.

According to him, if the falsification is via an affidavit, it could constitute a crime, but if it was just through merely filling a form, it can’t be criminalised.

“In my view, after asking them to go on compulsory retirement and refund the excess money they might have collected, those two things are appropriate,” he stated.

However, another legal luminary, Chief Mike Ahamba, disagreed with Sagay and Ojo, saying, “I cannot question the decision of the NJC since they made the decision based on the facts before them.”

Another senior lawyer, Kunle Adegoke also echoed a similar position, commending the NJC for wielding the wisdom stick.

He said, “The punishment is not enough. The temple of justice is a place where integrity is prioritised, and I believe that to deter others from repeating the same, the punishment should be stiff.

“The NJC putting them on compulsory retirement is good, but they will still be entitled to pension. So I think prosecuting for such an offence will scare others from repeating the same.”