PETITION AGAINST HON. JUSTICE MUAZU A. PINDIGA, ACTING CHIEF JUDGE OF THE GOMBE STATE HIGH COURT FOR FALSIFICATION OF AGE, GROSS JUDICIAL MISCONDUCT, DERILICTION OF DUTY AND BREACH OF SECTION 294 (1) OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED).

29th November, 2021.

 

The Chairman,

National Judicial Council (NJC)

& Chief Justice of Nigeria,

Honourable Justice Ibrahim Tanko Mohammed, GCON,

Supreme Court Complex,

Three Arms Zone, Abuja – F.C.T.

My Lord,

 

PETITION AGAINST HON. JUSTICE MUAZU A. PINDIGA, ACTING CHIEF JUDGE OF THE GOMBE STATE HIGH COURT FOR FALSIFICATION OF AGE, GROSS JUDICIAL MISCONDUCT, DERILICTION OF DUTY AND BREACH OF SECTION 294 (1) OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED).

We write to your Lordship in respect of the above captioned matter as it has become pertinent to do so in order to uphold the rule of law and bring judicial officers to account.

BREACH OF SECTION 291 (2) OF THE CONSTITUTION:

1. My lord, by the clear provision of Section 291(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), a judicial officer appointed to any other court other than the Supreme Court and Court of Appeal shall cease to hold office when he attains the age of sixty-five (65) years. Also, the retirement age of a judicial officer shall be determined by the age submitted by him upon entering the Judicial Service of the State or the Federation as the case may be.

2. My lord, the records submitted by Hon. Justice Muazu A. Pindiga at the time of his appointment as required by law, through a statutory declaration of age or birth certificate, states his date of birth as 1 – 1 – 1957 (1st January, 1957), therefore, his expected retirement date is 1 – 1 – 2022 (1st January, 2022). This information is contained on the National Judicial Council’s Nominal Roll of Judicial Officers in the High Court of Gombe State; his Curriculum Vitae; National Judicial Council’s Data on Judicial Officers which was filled and signed by Justice Muazu A. Pindiga as far back as 30 – 6 – 2004 (30th June, 2004); National Judicial Council’s Survey on Facilities Form which was also filled and signed by Justice Muazu A. Pindiga as far back as 30 – 8 – 2006 (30th August, 2006); and the Compendium of Judicial Officers in Nigeria by the National Judicial Institute (NJI) Abuja on page 444 which was published in 2011. From the foregoing, it is clear that Hon. Justice Muazu A. Pindiga ought to have given his statutory three months’ notice of retirement on 1 – 9 – 2021 (1st September, 2021).

3. However, in a unscrupulous and desperate bid to stay longer in office, and to defraud the Government of undeserved salaries and allowances and other attendant benefits, Justice Muazu A. Pindiga has declared a different date of birth as 1 – 4 – 1957 (1st April, 1957) in another Statutory Declaration of Age which, though stated on the face of the affidavit to have been sworn in 2013, was only recently submitted by him to the Secretary of the NJC. This new and questionable declaration, was meant to extend his stay in office and retirement date to 1 – 4 – 2022 (1st April, 2022).

4. My lord, the existence of two different dates of birth, that is, 1 – 1 – 1957 (1st January, 1957) and 1 – 4 – 1957 (1st April, 1957) of Hon. Justice Muazu A. Pindiga on record and on oath constitutes a prima facie indictment on his honesty and integrity as a judicial officer, especially, as one ACTING as CHIEF JUDGE, the highest judicial officer in the service of the Gombe State Judiciary. Notwithstanding the above, since the authentic age for determining retirement for judicial officers is the age declared at the time of appointment, Justice Muazu A. Pindiga is in breach of the law having failed to give the 3 (three) month statutory notice of retirement as well falsification of his age to extend his tenure as a judicial officer in the Gombe State High Court.

VIOLATION OF SECTION 294 (1) OF THE CONSTITUTION:

5. My lord, we are also aware, and as borne out by the records, that Hon. Justice Muazu A. Pindiga, the Acting Chief Judge of Gombe State has continued to violate Section 294 (1) of the 1999 Constitution of the Federal Republic of Nigeria as amended, as seen in the case of THE STATE VS. JAURO JIBIR OLOLO AND 3 ORS with CHARGE No. GM/40C/2014 in which case he has failed to deliver judgement within 90 days provided by the law after adoption of final written addresses of Parties involved in the case. since the adoption of final addresses by the parties on the 25th of May, 2019.

6. My Lord, for the purpose of emphasis the provisions of Section 294 (1) clearly provides as follows:

“Every court established under this Constitution shall deliver its decision in writing not later than ninety days after the conclusion of evidence and final addresses and furnish all parties to the cause or matter determined with duly authenticated copies of the decision within seven days of the delivery thereof.”

7. My Lord, in the instant case, it was well over two years since parties concluded their evidence, adopted their final written addresses and the matter was first adjourned for judgment to the 25th May, 2019. Thereafter, judgment was not delivered and consequently, the respective Counsel in the case had to readopt their addresses three times.

8. My Lord, the Accused Persons – Defendants – went to the Justice Pindiga’s Court on several occasions for almost 17 times in respect to the judgment in the matter, but have been turned down each time, with an instruction from the Hon. Judge’s Registrar that they would be called upon whenever the judgement was ready.

9. My Lord, what is more worrisome is the fact that this matter has lingered before the said Justice Pindiga’s Court for a period spanning over 7 years since the Accused Persons were arraigned and two years since Parties adopted their final written addresses.

10. It is disheartening to note that such gross judicial misconduct and breach of section 291 (1) of the Constitution continued for over two years by Justice Pindiga, the Acting Chief Judge of Gombe State, until recently when the Accused Persons threatened to complain to the National Judicial Council (NJC) that Justice Pindiga hurriedly fixed a date and delivered a 3 pages judgment on the 5th August, 2021 whereby he discharged and acquitted all the Accused Persons. The said judgment was a Greek to the Accused Persons to appeal to them not to complain to the NJC for disciplinary action against Justice Pindiga.

11. It is therefore needless to claim that Justice Pindiga has already delivered judgment in the matter, what is in contention in this case is whether or not the said judgment was given outside the 90 days provided by the Constitution.

12. This situation has brought untold hardship on the accused persons who have had to walk round with a cloud of uncertainty hanging over their heads, as they continue to have the label of criminals undergoing trial hanging over their heads because of the Hon. Justice Muazu Pindiga’s failure and neglect to live up to his constitutional responsibility to uphold the rule of law and the constitution by ensuring that judgement is delivered within the statutory period of 90 days after parties must have adopted their final addresses.

13. Our inquiries revealed that the said Justice Pindiga was neither away or on leave for the period of two years within which he grossly neglected to deliver judgement, instead he carelessly chose to abuse judicial procedures by making parties readopt their final addresses three times, yet still, neglected to deliver judgment. This dereliction of duty is a great cause for concern, as it shows a total lack of respect for the constitution, the rule of law, the parties and our administration of criminal justice system.

14. The respective Counsel that handled the matter, Mr. Haruna Yelma (08063263167) and Mr. Ibrahim Musa Izge (08061552995) who stood for the State and the Accused Persons respectively are all alive to attest to these facts.

15. The Statutory Declaration of Age or birth certificate on the National Judicial Council’s Nominal Roll of Judicial Officers in the High Court of Gombe State; National Judicial Council’s Data on Judicial Officers 30 – 6 – 2004 (30th June, 2004); National Judicial Council’s Survey on Facilities Form dated 30 – 8 – 2006 (30th August, 2006); and the Compendium of Judicial Officers in Nigeria by the National Judicial Institute (NJI) Abuja on page 444 which was published in 2011 are all hereby attached to this letter.

CONCLUSION

My Lord, the crux of this petition is aimed at ensuring that the integrity of the judiciary, rule of law and our constitution is upheld at all times. We therefore urge Your Lordship to use your good office to protect and uphold the 1999 Constitution of the Federal Republic of Nigeria, Code of Conduct for Judicial Officers. We believe that decisive steps should be taken against erring judicial officers in accordance with the law where found wanting and complacent.

My Lord, accept the assurances of our esteemed regards as we anticipate your prompt and decisive action.

 

Yours Faithfully,

Hussaini Tukur Musa

 

Cc:

1.​ The Secretary,
National Judicial Council, (NJC),

Supreme Court Complex, Abuja FCT.

2.​ The Director General,

Department of State Services, Abuja, FCT.

3. The Chairman,
Interview Committee set up by NJC.

Hon. Justice Mary Ukaego Peter-Odili, CFR.

4.​ All Members of the NJC.

5. The President, Nigerian Bar Association,
Mr. Olumide Akpata,

NBA House Plot 1101, Muhammadu Buhari Way,
Abuja.

6.​ Gombe State Judicial Service Commission (JSC),

​Old High Complex, Tudun Wada Gombe State.

Above is for your information and decisive action.