Rights group drags Justice Ademola to NJC over Kanu"s detention

*Wants NASS to repeal Terrorism Prevention Act of 2011

*Court to rule on Kanu’s bail application Dec. 17

*Ijaws flay Biafra agitators

By Tony Nwankwo & Nwabueze Okonkwo

ONITSHA—The leadership of International Society for Civil Liberties and the Rule of Law, Intersociety, has dragged Justice Adeniyi Ademola of the Federal High Court sitting in Abuja before the National Judicial Council, NJC, over what it termed as his unsatisfactory and unconstitutional role in consideration and issuance of a highly controversial and unconstitutional order for perpetual detention of Citizen Nnamdi Kanu, leader of Indigenous People of Biafra, IPOB and Director of Radio Biafra, London, in the guise of “investigating him for offenses of terrorism and terrorism financing.

Nanmdi Kanu, Radio Biafra’s Director

Meanwhile, a Federal High Court sitting in Abuja, yesterday, adjourned till December 17 to rule on the bail application for the detained leader of the “Indigenous People of Biafra, IPOB, Nnamdi Kanu.

Kanu has been in detention for 90 days.

Mr Vincent Obeta, counsel to Kanu had approached the court to grant his client bail.

Obeta said the Department of Security Service, DSS, had abused court process by refusing to honour the bail order of a Magistrates’ Court in Abuja.

Obeta, who filed a fundamental rights suit against the DSS, argued that Kanu’s liberty was being trampled upon when an earlier Magistrates’ Court bail condition was perfected.

90 days in detention today

“My lord, Kanu has spent exactly 90 days in detention today. This action contravenes the Constitution and the African Charter on Human Rights. We have indeed perfected the bail condition as directed by the Magistrate Court but to no avail.

“The lower court has also ordered that Kanu be transferred to the Kuje Prisons but the authority refused to heed the order of the court. That is why we have approached this superior court for justice,” Obeta said.

The prosecutor, Mr Moses Idakwo, asked the court to disregard the bail application by Kanu’s counsel.

Idakwo argued that Kanu should not be granted bail as the allegations against him were terrorism-related.

He said the DSS had evidence of bank accounts owned by Kanu, where monies (in dollars and pound sterling) were used for financing terrorism against Nigeria.

Idakwo also said the applicant had dual citizenship of Britain and Nigeria and therefore could flee justice if granted bail.

He further said the bail conditions issued by a Magistrate Court were yet to be perfected by the applicant.

The judge, Adeniyi Ademola, said “having listened to both parties, I shall be ruling on the application on December 17.’

Enemies of progress

Meantime, the South-South Ijaw have described the pro-Biafra protests, which turned bloody recently, resulting in the killing of several persons and destruction of property across the South-East and part of South-South, as an attempt by enemies of progress to set Nigeria on fire.

Joseph Evah in a statement, said that the activities of the brains behind the various protests clearly showed that the organisers “have hidden agenda because of Mr. Kanu.

“We are aware that the apex body in Igbo land (Ohanaeze) has stated that Biafra is dead and buried.

“We are also aware that when the former President of the defunct Biafra, Chief Chukwuemeka Odumegwu-Ojukwu died, he was given full military honour by the Federal Government, and when Ojukwu was alive, he also contested the presidency of Nigeria to show his faith in the country.

“We are also aware that Kanu and Ojukwu are peaceful people. Therefore, the current threat to peace through killing and maiming of innocent persons is gradually leading to ethnic and religious crises that can destabilize the country.”

Meanwhile, Intersociety said its decision to drag Justice Ademola to the NJC, through its Chairman and Chief Justice of Nigeria, CJN, Justice Mahmud Mohammed, which was supported by 10 other civil society groups, under the aegis of South East based Coalition of Human Rights Organisations, SBCHROs, was as a result of on-going rampage in unconstitutional law and court orders as it concerned the arrest, detention and extra-judicial detention of Kanu.

In a statement, yesterday in Onitsha, Anambra State, the rights group said it had also written to the Attorney-General of the Federation and Minister for Justice, AGF, Mallam Abubakar Malami, SAN, drawing his immediate attention to the gross inconsistency of Section 27 (1) of the Terrorism Prevention Act of 2011 as amended; with Section 35 (4) (a) (b) of the 1999 Constitution of the Federal Republic of Nigeria, under right to personal liberty; for the purpose of sending an executive bill to the National Assembly for immediate repealing or expunging of the unconstitutional provision in the said Terror Act of 2011 as amended.

Terrorism Prevention Act

The statement by Emeka Umeagbalasi said: “Our writing the duo of the NJC and the AGF is in recognition of powers and functions accorded them by the 1999 Constitution. We had in the letter, dated December 13, 2015, drawn their attention to relevant Sections of the 1999 Constitution; upon which the gross inconsistency of Section 27 (1) of the Terrorism Prevention Act and the controversial court detention order were found brazenly and rapaciously unconstitutional or grossly incoherent with the 1999 Constitution.”

The statement added: “Some of the Constitutional provisions under reference are Section 1 (1) that states “this Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria”; Section 1 (3): “if any other law is inconsistent with the provisions of this Constitution, the Constitution shall prevail and that other law shall to the extent of the inconsistency be void.”

“Others are Section 4 (5) of the same Constitution that directs: “if any law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail and that other law shall to the extent of the inconsistency be void.”

Three bibles of fundamental legal knowledge

“We reminded the NJC and the AGF that every judge in Nigeria is mandatorily kitted with three bibles of fundamental legal knowledge of: (a) rule of law and its two cardinal pillars of audi altarem partem (listen to or hear the other side) and nemo judex in causa sua (refrain from being a judge in your own case); (b) the 1999 Constitution; and (c) the Fundamental Human Rights Chapter in the Constitution and the African Charter on Human and Peoples Rights. That these three bibles of fundamental legal knowledge or three weapons of a Bencher also defy mental senility; and that the three weapons of a Bencher also serve as his or her daily chewing stick or tooth brush; to be used and applied at all times and in all adjudicative circumstances. They were reminded as well that a judge of the Federal or State High Court is also mandatorily under the judicial oath and the oath of constitutional allegiance; as contained in the Seventh Schedule of the 1999 Constitution.

“On the issue of accusation leveled against citizen Nnamdi Kanu and his IPOB of their involvement in acts of terrorism and terrorism financing, we frowned at such bogus criminal accusation against political citizens expressing their political thoughts peacefully and non violently. We further reminded the NJC and the AGF of dangers of frivolously labelling citizens as terrorists and terrorism financiers; outside the spirit and letters of the Terrorism Prevention Act of 2011 as amended; which is punishable upon judicial conviction with death penalty and life imprisonment; as well as life imprisonment for offenses of conspiracy, aiding and abetting terrorism.

“We complained bitterly that what surprised and still surprises us was (is) how the Department of State Security, DSS came about its allegation of terrorism and terrorism financing against a group and individual(s) expressing political thoughts peacefully and non-violently, even when the same Terrorism Prevention Act of 2011 as amended clearly stated that activities of political parties and expression of political thoughts do not amount to acts of terrorism.

Phantom allegation

“We also observed that unconstitutional laws and court orders are on rampage in Nigeria and condemned strongly the order ex-parte issued on November 10, 2015 by Justice Adeniyi Ademola of the Federal High Court, Abuja for 90 days and above detention of Citizen Nnamdi Kanu on phantom allegation and investigation of his involvement in terrorism and terrorism financing; which we saw as not only a height of miscarriage of justice and brazen affront to the sanctity of the judiciary, but also threats to rule of law and the fundamental human rights of the detained citizen. We also saw it as a coup against the supremacy of the 1999 Constitution and grave disrespect to the Fundamental Human Rights Chapter of the 1999 Constitution and the African Charter on Human and Peoples Rights.

“We therefore, hold that the judge had no excuse over his failure to identify or take the judicial notice of the brazen inconsistency of Section 27 (1) of the Terrorism Prevention Act of 2011 as amended with Section 35 (4) (a) (b) of the 1999 Constitution. We asked: where lies the judge’s sense of judgment and discretionary powers in the instant case?

“We call on the AGF: to as a matter of uttermost immediacy and; inexcusably prepare and send an executive bill to the National Assembly for repealing of the unconstitutional Section 27 (1) of the Terrorism Prevention Act of 2011 as amended in 2013; highlighted above, owing to its grave inconsistency with Section 35 (4) (a) (b) of the 1999 Constitution and the African Charter on Human and Peoples Rights.

“The AGF also urged to critically study other provisions of the Terrorism Prevention Act of 2011 as amended and ensure that all of such provisions are brought in tandem or made to be consistent with the 1999 Constitution.”

 

Rights group drags Justice Ademola to NJC over Kanu"s detention

NJC queries Osun judge over husband-snatching saga

The National Judicial Council has issued a query over allegation of amorous scandal against a judge in the Osun State judiciary, Justice Olamide Oloyede, who initiated a petition calling for the removal of the state Governor, Mr. Rauf Aregbesola.

Justice Folahanmi Oloyede

The NJC issued the query dated July 28, 2015 and with reference number, NJC/S.29/HC.OS/16/1/55, against Justice Oloyede upon a petition by a mother of four, Mrs. Emily Richard-Obire, who accused the judge of cohabiting with her (Richard-Obire’s) husband.

Oloyede came to prominence recently after she submitted a petition to the Osun State House of Assembly calling for the removal of Aregbesola on the grounds of his alleged financial misappropriation.

But Richard-Obire had stated in her petition dated July 13, 2015 that she only “recently” discovered that the judge had been having an affair to the detriment of her (Richard-Obire’s) matrimonial home since 2011.

The Chief Justice of Nigeria and Chairman of the NJC, Justice Mahmud Mohammed, who personally signed the query, directed Justice Oloyede to respond to the query within 14 days of receiving it.

A copy of the query obtained by our correspondent on Monday was issued to the judge through the Osun State Chief Judge, Justice O.A Ojo.

It was entitled, ‘Re: Petition against Justice Olamide Oloyede of the Osun State Judiciary’ and reads thus, “I forward herewith a petition dated July 13, 2015 against you by one Mrs. Emily Richard-Obire on the above subject matter. The petition speaks for itself.

“I shall be glad to have your comments within 14 days from the date of your receipt of this letter.”

It could not be ascertained on Monday if Oloyede had responded to the query.

Richard-Obire alleged in her petition that the judge’s relationship with her (the petitioner’s) husband was threatening her 23-year-old marriage which had produced four children, one of whom is suffering from autism and Down’s Syndrome.

In the petition addressed to Justice Mohammed, the petitioner alleged that her husband, Mr. Richard Obire, moved out of their matrimonial home in Lagos since 2011 and often travelled to Osogbo, the Osun State capital to cohabit with the judge.

She said her husband and Justice Oloyode were both adherents to Grail Message and must have met in one of their meetings.

According to her, the relationship between her husband and the judge had got to the extent that the judge’s official car was now in permanent custody of Obire.

Urging the NJC to restrain Justice Oloyede “from further acts of having an affair with my husband,” Richard-Obire expressed fear that if something urgent is not done, the judge might finally “snatch” her husband eventually and finally abdicate his responsibilities.

The petition read in part, “I am afraid that if something urgent is not done, Justice Oloyede may finally snatch my husband and he may eventually and finally abdicate his responsibilities. I have evidence to the effect that she has been addressing my husband as her “husband” and also my husband addresses her as “my beautiful wife” knowing full well that there is subsistence of marriage between us.

“I urge you to use your good offices to restrain Justice Olamide Oloyede from further acts of having an affair with my husband.”

NJC queries Osun judge over husband-snatching saga

Some senior lawyers behind corruption in judiciary - CJN

By Ikechukwu Nnochiri

ABUJA — The Chief Justice of Nigeria, CJN, Justice Mahmud Mohammed, has alleged that some senior lawyers are behind the increased level of corruption bedevilling the judiciary.

The CJN, who made the allegation when

The leadership of the Nigerian Bar Association, NBA, led by its National President, Chief Augustine Alegeh, SAN, paid him a courtesy visit at the weekend, insisted that corrupt politicians often use lawyers to tempt judges with bribes.

He maintained that some lawyers not only aid, but equally abet corruption within the Bench, a situation he said portends danger for the justice system in the country.

Therefore, the CJN tasked the NBA to put in more effort towards purging itself of ‘some corrupt elements’ within its fold.

Other Justices of the Supreme Court that joined the CJN to receive the visitor were Justices Mohammed Tanko Ibrahim, John Fabiyi, and Bode Rhodes-Vivour.

Addressing the delegation, the CJN vowed to re-invigorate the judicial cleansing process that was commenced by his predecessors, decrying that lawyers have so far acted as clog to the process of weeding out corrupt judges from the Bench.

He said senior lawyers were usually the first people to rush to court to secure an order of injunction restraining the National Judicial Council, NJC, from investigating judges that acted wrongly.

He said: “I want to use this opportunity to urge the Bar to put the interest of the system far and above the individuals. Imagine this scenario; you in the Bar decry the ‘rots’ on the Bench, calling for disciplining and cleansing of the judiciary by weeding out the bad eggs on the Bench.

“Yet, you are the first to jump to the court to seek restraining order on NJC to stop it from the investigation and trial of a judge based on a petition brought against the judge before the council. How then is the principle of fair hearing sustained?”

 

On Rivers Judiciary

More so, the CJN urged the NBA to intervene and find a solution to the protracted impasse that has left the Rivers State Judiciary without a substantive Chief Judge for so many months now.

“The perpetual closure of court in River State is unacceptable. NJC has never said governors cannot appoint state Chief Judges.

“But the violation of the principle of checks and balances by state governor in Rivers State as enshrined in the constitution for the appointment and disciplining of erring Chief Judges or Judges is equally unacceptable. Seniority is part and parcel of the legal profession.”

 

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Some senior lawyers behind corruption in judiciary - CJN

PDP Uncovers Aaechi’s Plots to Induce Students to Protest against NJC

The Peoples Democratic Party, PDP, Rivers State Chapter, says its attention has been drawn to clandestine moves by the Rivers State Government through the office of the Chief of Staff and the Special Adviser on students Affairs to the Governor, to sponsor members of the National Union of Rivers State Students, NURSS, to protest against the National Judicial Council decision regarding the appointment of Chief Judge of Rivers State.

Governor Rotimi Amaechi

The PDP is sufficiently aware of the Governor’s contact with the students, offering them Two hundred million naira as financial inducement for the NURSS members to embark on the ill-conceived protest. The PDP appeals to the students to remain resolute and to prove to the Governor and his agents that they cannot be bribed to allow themselves to be used against their conscience or be partakers in the obstruction of administration of justice and deliberate destruction of Rivers State Judiciary, which is the hope of the common man.

Describing such action by the Governor as unfortunate, unhealthy and aimed at corrupting the minds of the students, the Party observes that it is an exposition of the state of frustration the Governor and the APC leadership have attained.

The PDP wonders why innocent students would be pressured to be involved in purely judicial issue which needed not to be politicized by the governor and the APC, saying rather than forcing and deceiving the students into protesting ignorantly and under intimidation, the Rivers State Government ought to educate the students on the true situation of the current development in the State.

The PDP also reminds the students of their plights in the hands of the Amaechi led government on issues of neglect and denial of their bursary payment for several years, the non- functioning of various secretariats of the NURSS as a result of lack of support and recognition by the Governor. Why didn’t the Governor use such fund to complement the students’ bursary?

The PDP, therefore, reiterates its unflinching commitment to ensuring better future for the students and other youths as not only leaders of tomorrow but those whose contributions and partnership are indispensable in the governance of our dear State.

The PDP again calls on the security agencies and the international community to hold Governor Amaechi and the APC leadership culpable for the breakdown of law and order in the State, as the series of their actions portend great danger in our dear State.

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PDP Uncovers Aaechi’s Plots to Induce Students to Protest against NJC

NJC Erred In Suspending Rivers’ Chief Judge, Says Rivers’ APC

The Rivers State Chapter of the All Progressives Congress says it has watched with amazement what it dubbed ‘macabre dance’ of the National Judicial Council (NJC) with regard to the appointment of Justice P.N.C Agumagu as the Chief Judge of Rivers State by the State Government. “The height of this was the suspension of Justice Agumagu by the NJC barely days after he was sworn-in as Rivers’ Chief Judge. The All Progressives Congress (APC), Rivers State Chapter, is convinced that the NJC erred seriously on this issue as due process was not followed in Justice Agumagu’s suspension and we wish to request the revered NJC to reverse this decision in the interest of justice” the All Progressives Congress, APC, said in a press release signed by Chief Eze Chukwuemeka Eze.

Rivers Stae governor, Rotimi Amaechi dissolve Obio/Akpor

According to the party, “going by the provisions of section 171 (1) of the 1999 Constitution (as amended) and section 21 (d) part 1 of the third schedule of the 1999 Constitution, it is clear that the powers of the National Judicial Council (NJC) have to do only with recommending to both the President and State Governors on the appointment and disciplining of Justices and Judges. It was in line with this that the NJC recommended to President Goodluck Jonathan the suspension of the President of the Court of Appeal, Justice Ayo Salami. President Jonathan accepted the recommendation and suspended Justice Salami. After due investigation, Justice Salami was cleared of any wrongdoing. The NJC again recommended his reinstatement but President Jonathan did not accept the recommendation, hence Justice Salami was never reinstated”.

With reference to Rivers State, APC noted that “there is a judgment of a competent court headed by Honourable Justice Lambo Akanbi of the Federal High Court, Port Harcourt, upon which the State House of Assembly and Governor Chibuike Amaechi acted in clearing and swearing in Justice Agumagu as the Chief Judge of Rivers State. In the said judgment, NJC was a party. NJC has a right of appeal but under part 1, section 21 (d) of the third schedule of the 1999 Constitution, the NJC has no power to suspend Justice Agumagu. To make matters worse, NJC breached Agumagu’s fundamental right to fair hearing by suspending him without affording him the opportunity to be heard. The purported query should first have been given for him to defend himself before suspension if found wanting. The NJC has certainly gone beyond its powers. NJC is totally partisan in this particular issue affecting Rivers State as it has clearly demonstrated in this case”.

APC asked those that recommend what it described as ‘jungle justice’ on Justice Agumagu to reverse it as a matter of urgency to avoid ridiculing this great body that is expected to be the embodiment of disciple, justice, equity and fair play, adding that NJC should not for any reason dabble into the murky waters of politics and give leverage to those desperate to remove Gov. Amaechi from office before the end of his tenure, using every funny means no matter how strange to the laws of the land.

The party admonished the NJC and any other interested party that Justice Agumagu was duly approved by a competent court of jurisdiction and duly screened and approved by the Rivers State House of Assembly.

“Due process was clearly followed in his appointment as the Chief Judge of Rivers State and any act by anybody to malign the impeccable character and achievements of this great Jurist and any attempt to rubbish him is not welcome by us and the people of Rivers State”, the statement concluded. (0)

NJC Erred In Suspending Rivers’ Chief Judge, Says Rivers’ APC

Jonathan approves 25 judges to be promoted as Justice of appeal court

President Goodluck Jonathan has approved the elevation of 25 judges selected from High Courts across the country for appointment as justices of the Court of Appeal.

The new justices of the nation’s appellate court, whose elevation was announced about two weeks ago by the National Judicial Council (NJC), are to be sworn-in by the Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar.(CJN) on March 24, 2014 at 12 noon in the Supreme Court of Nigeria.

The President’s approval of their appointment now brings the number of justices of the Court of Appeal to 90 from 70.

NJC’s Acting Director, Information, Soji Oye said, in a statement Monday, that the elevation of the judges followed NJC’s recommendation, which is in line with the new Court of Appeal (Amendment) Act, which increased the number of justices of the court from 70 to 90.

He said their elevation was also informed by the vacancies “occasioned by the demise, retirement and elevation of some justices of the court to the Supreme Court.”

The affected judges include Justices Bolokuromo M. Ugo (Bayelsa State), Biobele A. Georgewill  (Rivers State), Oludotun A. Adefope-Okojie (Ogun State), Misitura O. Bolaji-Yusuf   (Oyo State), J.O.K.Oyewole (Osun State) and O.E. Williams-Dawudu  (Lagos State)

Others include Justices Hamma Akawu Barka (Gombe State), Joseph Jude Jella (Taraba State), Bitrus G. Sanga (Bauchi State), Muhammed Mustapha (Borno State),Yargata Nimpar (Gombe State), Sa’idu Tanko Hussein (Kogi State), Mudashiru N. Oniyangi (Kwara State) and Amina Audi Wambai  (Niger State).

Also affected are Justices Ridwan Maiwada Abdullahi (Nasarawa State), Tani Y. Hassan (Kano State), Muhammed Lawal Shuaibu  (Jigawa State), Kadi Musa Hassan Alkali (Kaduna State), Jamilu Y. Tukur (Katsina State), Paul Obi Elechi (Ebonyi State), Ugochukwu A. Ogakwu (Enugu State), Nonyerem Okoronkwo (Imo State), Joseph E. Ekanem (Akwa Ibom State), F.E. Oho (Delta State), Abimbola O.O. Adejumo (Edo State). (0)

Jonathan approves 25 judges to be promoted as Justice of appeal court

Judicial cleansing: Mass sack of Judges looms

DETERMINED to purge itself and evolve into an arm of government to emulate in the ongoing war against graft and corruption in the country, the Judiciary, has once again, put machinery in place to enable it ferret and terminate the appointment of some questionable characters that found their way into the Bench.

It is not a fact in dispute that some of the Judges currently into the business of dispute adjudication in Nigeria are extremely very corrupt.

Whereas some of them not only handle their job as a no-man’s-business, others, aside elevating themselves to a ‘god-status’, treating court users with glaring  indifference, a situation that often see litigants and lawyers waiting endlessly in the open court for a Judge who may be having a nice time somewhere or sleeping inside his chambers.

For some of them, once you don’t belong to the class of judicial ‘money-bags’, no matter how eloquent or legally superior your submissions are, you must as a matter of necessity, engage the service of a ‘behind-the-court’ negotiator, who chips in favourable words about you during cocktail parties- which are becoming too frequent these days.

Gone are the days when Judges are hardly seen in social gatherings. These days, it is not uncommon to meet a sitting Judge at a kid’s birthday party.

As it stands today, there are over 90 petitions pending against several Judges across the federation, with about 25 judges currently under the probing lens of the National Judicial Council, NJC.

Undisputedly, no administration in the judiciary has ever made attempt to fight corruption like the present Chief Justice of Nigeria, CJN, Justice Mariam Aloma Mukhtar, whose regime has seen the sack of about seven Judges within a period of barely two years.

Even though only high court Judges have so far fallen under the sweeping broom of transformation within the Judiciary, fact remains that bad eggs equally abound at other level of the court.

Last week Thursday, the pruning axe of the NJC, descended on two high court Justices after they were found guilty of judicial misconducts.

At the end of a meeting it held in Abuja, the Council which is headed by the CJN, okayed their compulsory retirement from office.

Specifically, the NJC, ordered that Justices G.K. Olotu of the Abuja Division of the Federal High Court and Justice U. A. Inyang of High Court of Justice of the Federal Capital Territory, should forthwith vacate their various offices.

In a letter it wrote to President Goodluck Jonathan to fulfill all righteousness, the Council, maintained that the two Justices should not be allowed to adjudicate in any court in the country, stressing that pursuant to its findings, they ought not to sit on the Bench.

Their sack, according to a press release that was signed by the acting Director of Information at the NJC, Mr Soji Oye, was based on the outcome of petitions that were written against them.

NJC insisted that Justice Olotu, breached the laid down judicial procedure by delivering a judgment in a case with Suit No. FHC/UY/250/2003, eighteen months after the final address by Counsel to parties in the suit, contrary to the Constitutional provisions that Judgment should be delivered within a period of 90 days.

”The Hon. Judge admitted before the Fact Finding Committee of the Council that investigated the allegations that she forgot she had a pending ruling to deliver in an application for joinder, and the Judge entertained a post judgment matter in Suit No. FHC/UY/CS/250/2003 in Port Harcourt after delivering Judgment, which made her functus-officio.

“That in another case: Suit No. FHC/ABJ/CS/505/2012, Hon. Justice Olotu failed to deliver judgment twice”, the Council stated.

Compulsory retirement

It further disclosed that Justice Inyang, was also recommended for compulsory retirement from office owing to the findings of the Council that, “the Judge included in his Judgment, references to the Garnishee Proceedings, which came after the judgment had been delivered on 20th December, 2011.

”That His Lordship also included the name of the Counsel to Federal Road Maintenance Agency (FERMA), Chief Chukwuma Ekomaru, SAN, who came into the matter after the judgment of 20th December, 2011 was delivered.

”That the Judge recklessly signed a writ of execution, a day after delivering his judgment of 20th December, 2011, the same day a Notice of Appeal and Motion on Notice for Stay of Execution were filed.

”That the Judge continued with the garnishee proceedings despite application for stay of execution; and that before delivering his judgment of 20th December, 2011, Hon. Justice Inyang ignored a properly filed motion on notice for leave to file additional witness Statement on Oath.”

Meantime, the NJC, said it has in the exercise of its disciplinary powers under the 1999 Constitution of the Federal Republic of Nigeria as amended, suspended the two Judges from office with immediate effect.

The Council equally issued warning letters to former acting President of the Court of Appeal who is currently the presiding Justice of Court of Appeal Kaduna Division, Justice Dalhatu Adamu.

Justice Adamu, who temporarily took over after the erstwhile PCA, Justice Isa Ayo Salami was suspended from office, was specifically reprimanded after it was found that he deliberately absented himself from duty, an action the NJC said amounted to gross misconduct contrary to the provisions of the 1999 Constitution of the Federal Republic of Nigeria, as amended and the Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.

Other that were issued stern warning by the Council included Justice A. A. Adeleye of High Court of Justice, Ekiti State and Justice D. O. Amaechina of High Court of Justice, Anambra State, respectively.

It will be recalled that Council, at its meeting held on the 4th and 5th of December, 2013, considered and deliberated on the report of its five-man committee who were mandated to invite judicial officers with very low performance or non-performance, to appear before it.

According to the NJC, “At the end of deliberation on the report of the committee, Council found Hon. Justice A. A. Adeleye of High Court of Justice, Ekiti State and Hon. Justice D. O. Amaechina of High Court of Justice, Anambra State, respectively culpable of very low performance.  Consequently, Council decided to issue warning letters to them for decline in their productivity.”

With the tenure of the CJN gradually winding up, it is still the earnest desire of Nigerians to have an independent corrupt free judiciary, especially as 2015 election looms with the antecedent unavoidable disputes that must follow.

 

Judicial cleansing: Mass sack of Judges looms

NJC retires Justices Olotu, Inyang for gross misconduct

The National Judicial Council (NJC) has recommended the retirement of Justices Gladys Olotu of the Federal High Court, Abuja and Ufot Inyang of the Abuja High Court for “gross misconduct”.

The NJC directed that they should be suspended from office, pursuant to its disciplinary powers under the Constitution.

The council also issued warning letters to three others, who it accused of low performance.

The three include former Acting President of the Court of Appeal Justice Dalhatu Adamu, who was appointed when Justice Isa Ayo Salami (rtd) was suspended. Others are Justice A. A. Adeleye of the Ekiti State High Court and Justice D. O. Amaechina of the Anambra State High Court.

NJC, in a statement yesterday by its Acting Director, Information, Soji Oye, said the decisions were taken after its February 26 meeting, chaired by the Chief Justice of Nigeria (CJN), Justice Aloma Mariam Mukhtar.

NJC said the decision to retire Justice Olotu was informed by its findings on the allegations in petitions written against her. The findings include:

•That she “failed to deliver judgment only to deliver same in Suit No. FHC/UY/250/2003, 18 months after the final address by all the counsel in the suit, contrary to the constitutional provisions that judgments should be delivered within a period of 90 days’’;

•That she “admitted before the Fact-finding Committee of the council that investigated the allegations that she forgot she had a pending ruling to deliver in an application for joinder’’;

•That she “entertained a post judgment matter in Suit No. FHC/UY/CS/250/2003 in Port Harcourt after delivering judgment, which made her functus officio”; and

•That in another case: Suit No. FHC/ABJ/CS/505/2012, “Justice Olotu failed to deliver judgment twice.”

Justice Inyang also got the hammer, following the report on petitions against him.

He was found to have “included in his judgment, references to the Garnishee Proceedings, which came after the judgment had been delivered on December 20, 2011.’’

It was found that he “also included the name of the counsel to the Federal Road Maintenance Agency (FERMA), Chief Chukwuma Ekomaru, who came into the matter after the judgment of December, 20, 2011, was delivered.’’

The NJC also found out that Justice Inyang “recklessly signed a writ of execution, a day after delivering his judgment of December 20, 2011, the same day a notice of appeal and motion on notice for stay of execution were filed.”

The council said the judge continued with the garnishee proceedings despite application for a stay of execution and that before delivering his judgment, he “ignored a properly filed motion on notice for leave to file additional witness statement on oath.”

Justice Dalhatu Adamu, who holds the National Honour of the Commander of the Federal Republic (CFR), is a Justice at the Court of Appeal, Kaduna division.

He was warned for absenting himself from duty, a gross misconduct contrary to the 1999 Constitution, as amended and the Code of Conduct of Judicial Officers.”

The offence of Justices Adeleye and Amaechina was that of low performance.

“It would be recalled that council, at its last meeting which was on December 4 and 5, 2013, considered and deliberated on the report of its five-man committee, mandated to invite judicial officers with low performance or non-performance to appear before it. “At the end of deliberation on the report of the committee, council found Justice A. A. Adeleye of High Court of Justice, Ekiti State and Justice D. O. Amaechina of High Court of Justice, Anambra State, culpable of low performance.

“Consequently, council decided to warned them for decline in their productivity,” NJC said. (0)

NJC retires Justices Olotu, Inyang for gross misconduct