JCIO 39/26

   

A spokesperson for the Judicial Conduct Investigations Office said:

Mr Justice Keehan, with the Lord Chancellor’s agreement, has issued Mr Agboola Obanubi JP, a magistrate on the South Essex Bench, with formal advice for misconduct.

Facts

The Guide to Judicial Conduct states that judicial office holders are expected to show ‘respect for the law and observance of the law’.

Additionally, on appointment, magistrates sign a declaration and undertaking agreeing to be circumspect in their conduct and maintain the dignity, standing and good reputation of the magistracy at all times.

A matter was referred to the South-East Regional Conduct Advisory Committee concerning an occasion when Mr Obanubi had entered a court building to attend training, and on passing through security, a camping-style folding knife was found in a compartment of his bag.

With Mr Obanubi’s consent, this matter was considered under the expedited process in the Judicial Conduct (Magistrates) Rules 2023. The expedited process allows the JCIO to advise the Lord Chancellor and Lady Chief Justice that formal advice or a formal warning should be issued where the facts are not in dispute and the conduct is very likely to amount to misconduct warranting one of those outcomes.

Mr Agboola Obanubi’s representations

Mr Obanubi accepted that he attended court with a knife in his bag, which he said he had unknowingly left there following a recent camping trip. Mr Obanubi acknowledged the seriousness of the incident and has taken steps to ensure that it does not happen again.

Decision

Mr Justice Keehan on behalf of the Lady Chief Justice, and the Lord Chancellor agreed with the JCIO’s recommendation to issue Mr Obanubi with formal advice. In making their decision, they took into consideration that Mr Obanubi was a recently appointed magistrate with no record of previous misconduct. He had cooperated fully with court security, engaged with his Bench leadership, taken full responsibility for the inadvertent oversight, had demonstrated insight into the seriousness of the matter, and had taken practical steps to prevent recurrence. 
 

Notes for Editors

Media queries in relation to the JCIO should be made in the first instance to the Judicial Press Office - telephone 020 7073 4852 or via email - press.enquiries@judiciary.gsi.gov.uk 

Sanctions for misconduct by judicial office-holders are set out in the Constitutional Reform Act 2005. They are, in order of severity: formal advice, formal warning, reprimand and removal from office.

For more information about the Office, including details on how to make a complaint against a judicial office holder, you can visit the JCIO website at: Judicial Conduct Investigations website