By Chidi Anselm Odinkalu
"The mind grows old, no less than the body." — Aristotle, The Politics
Over two decades ago, Nigeria’s Supreme Court witnessed an unusual request. A senior justice, nearing retirement, approached then-Chief Justice Mohammed Lawal Uwais, claiming a newly discovered error in his age records. According to a village elder, he was actually born two years later than officially documented. He sought approval to correct this "mistake."
Justice Uwais, skeptical, asked the judge to submit a formal written request and circulate it among fellow justices for review. The overwhelming disapproval from peers ensured the petition was swiftly rejected.
Unlike Nigeria, England—from which Nigeria inherited its judicial traditions—once allowed judges to serve indefinitely, sometimes with problematic outcomes. Historical records mention judges like Salathiel Lovell, appointed at nearly 90, whose failing memory made his rulings unreliable. England only introduced mandatory judicial retirement in 1959. The last lifetime appointee, Lord Denning, famously quipped he had "every Christian virtue, except resignation" before stepping down at 83 due to controversial remarks in his later years.
Nigeria, however, has always had judicial retirement ages. Yet, in a country where record-keeping is often lax, some judges have manipulated their birthdates to extend their tenure. The consequences have been both embarrassing and damaging.
In one southern state, a judge arriving for his younger brother’s funeral was shocked to see posters declaring the deceased as 71—six years past the judicial retirement age. To avoid scrutiny from colleagues attending the funeral, local youths were quickly mobilized to remove all such posters overnight.
Yobe and Imo States have faced recurring scandals. In Yobe, two successive Grand Khadis were caught falsifying their ages. In 2020, the National Judicial Council (NJC) found that Grand Khadi Shu’aibu Talba had reduced his age by four years. His successor, Babagana Mahdi, was discovered to have been at least eight years over the retirement age at appointment, having altered his birth year by 12 years.
On June 26, 2025, the NJC ordered the compulsory retirement of nine judges in Imo State—five from the High Court and four from the Customary Court of Appeal—for age falsification. This followed last November’s removal of the state’s Chief Judge, Theresa Chikeka, who had shaved two years off her age. The NJC also demanded repayment of salaries collected during their illegitimate service.
Similar cases have surfaced nationwide. In 2013, Abia State’s acting Chief Judge, Shadrack Nwanosike, was dismissed for age fraud. Niger State judges Idris Evuti and Tanko Yusuf Usman were removed in 2016 for similar offenses. Delta State’s Joshua Ikede (2018), Imo’s Francis Abosi, and Ogun State’s Abdulkareem Abdulrasaq (2020) also faced sanctions.
Even former Chief Justice Tanko Muhammad faced unresolved allegations. A 2019 lawsuit accused him of changing his birth year from 1950 to 1953. The court dismissed the case, not on merit, but due to the plaintiff’s lack of standing—while imposing heavy costs and referring his lawyer for disciplinary action. Muhammad resigned in 2022 citing health issues and has since remained out of public view.
Judges who serve beyond the legal retirement age commit fraud, stealing public funds and undermining judicial integrity. The NJC must take stronger action to end this malpractice.
Chidi Anselm Odinkalu, a lawyer and academic, writes on judicial accountability.
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