Two judges, Justice Gladys Olotu of the Abuja
Federal High Court and Justice U. A. Inyang of the Federal Capital Territory
High Court, have been suspended for gross misconduct after the National
Judicial Council forwarded a recommendation for their dismissal to President
Goodluck Jonathan.
The President is expected to approve the sacking
of the two judicial officers.
A statement from the Acting Director of
Information in the NJC, Soji Oye, explained that the council, headed by the
Chief Justice of Nigeria, Justice Aloma Mukhtar, took the decision at a meeting
on Wednesday, where the two judicial officers were suspended, pending the
approval of their dismissal by the President.
“The National Judicial Council, under the
Chairmanship of the Chief Justice of Nigeria, Justice Aloma Mukhtar, at its
meeting which was held on February 26, 2014, recommended the compulsory
retirement from office of Justice G.K. Olotu of the Federal High Court and
Justice U. A. Inyang of High Court of Justice of the Federal Capital Territory,
Abuja, respectively for gross misconduct,” the statement said.
The recommendation for compulsory retirement of
the two judges was based on findings made by the NJC after investigations into
allegations contained in petitions brought against them.
The NJC found that Justice Olotu “failed to
deliver judgment on 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.”
Also, Justice Olotu “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.”
The NJC equally found 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.”
It was also established that “in another case,
Suit No. FHC/ABJ/CS/505/2012, Justice Olotu failed to deliver judgment twice.”
On his part, Justice Inyang was recommended for
dismissal after the NJC Fact Finding Committee established that he “included in
his judgment, references to the Garnishee Proceedings, which came after the
judgment had been delivered on December 20, 2011.”
He “also included the name of the counsel for
Federal Road Maintenance Agency, Chief Chukwuma Ekomaru, SAN, who came into the
matter after the judgment of December 20, 2011 was delivered.”
The NJC stated 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 judge continued with the Garnishee
Proceedings despite application for stay of execution; and before delivering
his judgment of December 20, 2011, Justice Inyang ignored a properly filed
motion on notice for leave to file additional witness statement on oath,” the
NJC added.
“In the meantime, the National Judicial Council
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 statement said.
Besides recommending the dismissal of the two
judges, the NJC at the meeting also issued warning letters to other judicial
officers.
The council issued warning letters to Justice
Dalhatu Adamu, CFR, the Presiding Justice of Court of Appeal Kaduna Division,
Justice A. A. Adeleye of High Court of Justice, Ekiti State and Justice D. O.
Amaechina of High Court of Justice, Anambra State, respectively.
Justice Dalhatu Adamu, a former Acting President
of the Court of Appeal, during the period the former PCA, Justice Ayo Salami,
who was on suspension, received a warning letter “for deliberately absenting
himself from duty, which is an act of gross misconduct contrary to the
provisions of the 1999 Constitution of the Federal Republic of Nigeria, as
amended and the Code of Conduct of Judicial Officers of the Federal Republic of
Nigeria.”
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