— 8th December 2017
• Asks public to disregard his purported resignation letter
From Godwin Tsa, Abuja
The National Judicial Council (NJC) has recommended the compulsory retirement from office of Justice Adeniyi Ademola and Hon. Mr. Justice O. Tokode both of the Federal High Court for misconduct.
It urged the public to disregard media reports that Justice Ademola had voluntarily retired.
The NJC said the purported voluntary
retirement was clearly an afterthought, as Council had taken action
before his decision to forward any voluntary retirement letter.
The NJC, under the Chairmanship of the
Chief Justice of Nigeria, Justice Walter Onnoghen, took the decision
yesterday at the end of its 84th meeting, which was held on December 6, 2017,
A statement by the Council explained that Justice Ademola, who had forwarded his notice of retirement on October 10, 2017 to the Council against April
9, 2018, when he will attain the mandatory retirement age of 65 years,
was recommended for compulsory retirement from the office to President
Muhammadu Buhari, pursuant to the findings by the Council on the
allegation contained in the petition written against His Lordship by a
group of eight persons under the name of Committee of Anambra State PDP
House of Representatives Members-Elect alleging His Lordship of the
following:-
“That His Lordship heard their Suit No.
FHC/ABJ/CS/177/2015, which was adjourned for judgment on 25th March,
2015; That on the adjourned date, His Lordship did not deliver the
judgment but adjourned the case sine die, to await the decision of the
Supreme Court on another matter on the same issue, on the list of PDP
candidates for Anambra State for the general elections of 2015;
“That His Lordship speedily heard and
delivered judgment in another case in Suit No. FHC/ABJ/CS/254/2015 filed
later on the same issues, with intent to confer undue advantage on the
plaintiff, who is from a family with which the respondent has
relationship;
“That the Certified True Copy (CTC) of
the judgment ultimately given to the petitioners contained a paragraph
that was not read in open court by the Hon. Judge and that a phrase was
altered, all to address an issue raised in the appeal that had already
been filed by the petitioner before the (C T C);
“That some of the reasoning and
conclusions of the Hon. Judge were summersaults; that the respondent
finally delivered judgment in the case on July
8, 2016, five months after the Supreme Court delivered the judgment he
was awaiting, contrary to the constitutional provisions that judgments
should be delivered within a period of 90 days.
The statement signed by the Director of
Information, Soji Oye, said though the petitioners withdrew their
petitions, in accordance with Regulation 16 of the National Judicial
Council Judicial Discipline Regulations of 9th March, 2017, Council
viewed His Lordship’s action of non-delivery of judgment within the
stipulated time as misconduct, contrary to Section 292 (1) (b) of the
Constitution of the Federal Republic of Nigeria, 1999, as amended and
Rules 1.3 and 3.7 of the 2016 Revised Code of Conduct for Judicial
Officers of the Federal Republic of Nigeria.
“The public is hereby informed to
disregard news circulating on some news media that Hon. Mr. Justice
Ademola has voluntarily retired. The purported voluntary retirement is
clearly an afterthought, as Council had taken action before his decision
to forward any voluntary retirement letter.”
In the case of Justice Tokode, the
statement said he was also recommended to President Buhari for
compulsory retirement from office with immediate effect, sequel to the
findings of Council on the allegation contained in petitions forwarded
by Socio-Economic Rights and Accountability Project (SERAP) and Miss
Abimbola Awogboro.
It said: “The petitioners accused the
judge of misleading the Federal Judicial Service Commission and the
National Judicial Council, by submitting six judgments he claimed to
have personally conducted while practising as a lawyer; a pre-requisite
for his application for appointment as a judicial officer, and was so
appointed.
“The Investigation Committee of Council,
however, found that the Judge personally conducted only one of the six
cases submitted. Therefore, Council decided to recommend his compulsory
retirement and the refund of all salaries and allowances he earned since
his purported appointment to the position of a Judge to the coffers of
the Judiciary.
“In the interim, the National Judicial
Council, in exercise of its power under paragraph 21 sub-paragraph (d)
of the Third Schedule of the Constitution of the Federal Republic of
Nigeria, 1999, as amended, has suspended Hon. Mr. Justices A. F. A.
Ademola and O. O. Tokode from office with immediate effect.”
The Council also issued serious warning
letters to Hon. Mr. Justice A. N. Ubaka of the National Industrial Court
of Nigeria for failure to deliver ruling in Suit No. NICN/BEN/51/2014
within the time specified time by law.
Saying it did
not accept the reasons given for failure to deliver the ruling within
time, the NJC placed the judge on watch list for the next one year.
The NJC also gave a warning letter to
Hon. Mr. Justice Zainab Aliyu Sadat of the High Court of Niger State and
placed her on the watch list too for three years for claiming that the
Defendant in Suit No: NHSC/MN/46/2016 failed to make available authority
cited by them after submission of the argument to her.
Council also decided to dismiss the
petition written by Senator Alimodu Sheriff alleging that Hon. Mr.
Justice A. Liman of the Federal High Court of corruption, for his
failure to honour the invitation of the Investigation Committee on the
three occasions that he sat to investigate the matter.
It exonerated Justice Simon Akpah Amogeda
of the Federal High Court from corruption allegation by Ernest J.
Henry, who could not substantiate his allegation.
In addition, Council exonerated Hon. Mr.
Justice F. I. Kola-Olalere of the National Industrial Court of Nigeria
from any misconduct in the petition written against him by Samuel
Atotuomah. Hon. Mr. Justice B. B. Kanyip of the same Court was also
exonerated of allegation of corruption written against him by Adebayo
Jegede, Esq, who did not attend the Investigation Committee Panel to
defend his allegation.
The NJC decided to report him to the
Legal Practitioners Disciplinary Committee (LPDC) for the unfounded
allegation of corruption and the use of crude and insultive language
against the Hon. Judge in his petition.
The petitions written against Hon. Mr.
Justice Adama Iyayi-Laminkara, Chief Judge, Rivers State, Hon. Mr.
Justice Maria Sanda Zukogi, Chief Judge, Niger State, Hon. Mr. Justice
Eyo Effiom Ita, High Court, Cross River State, Hon. Mr. Justices S. A.
Orugboyo and R. I. B. Adebiyi, High Court, Lagos State, were dismissed
by the Council as all the Petitioners withdrew them and Council found no
serious issues for further consideration in the allegations.
Hon. Mr. Justice A. M. Lawal of Lagos
State High Court was also issued a warning letter and placed on ‘watch
list’ for one year by the Council for unnecessary delay in delivering
his Ruling and giving his personal phone number to parties.
The petition written against Hon. Kadi
Al-Hafis M. Abubakar of the Katsina State Sharia Court of Appeal by Mr.
Ibrahim Mukhtar Mashi was dismissed by the Council for lack of merit,
while the Council directed Hon. Mr. Justice Linda Amina Yarosi of the
Customary Court of Appeal to resume duty from her sick leave immediately
and placed on ‘watch list’ for three months.
All judicial officers placed on ‘watch
list’ of the Council will not be elevated or considered for special
assignments during the period.
Within that period, Council reserves the
right to consider their suitability or otherwise to continue as judicial
officers based on their performance.