Justice Gladys Olotu, of the Federal High Court, who was indicted for dereliction of duty and subsequently recommended for compulsory retirement, has lost a legal battle to retain her seat.
Justice Olotu had approached the National Industrial Court (NIC) to stop President Muhammad Buhari from acting on the recommendation of the National Judicial Council (NJC) to sack her from the bench.
Delivering judgment on her suit against the president, NJC, Attorney General of the Federation and Justice Minister, Shehu Malami, Chief Justice of Nigeria, Walter Onnoghen, Chief Judge of the Federal High Court, the NIC held that NJC’s recommendations were in order.
In his judgment, Justice E. N. Agbakoba held that the rules of natural justice were not breached and that the investigation panel and the NJC followed laid-down procedures in their recommendations that Justice Olotu be compulsorily removed from office.
Specifically, Justice Olotu, who was indicted in 2014, by the NJC, and recommended for sack, applied for an order of the NIC to prohibit the defendants from carrying out the recommendation on the grounds that due process of law was not followed.
In the suit filed and argued on her behalf by her lawyers, Dr Alfred Eghobamien (SAN), Ladi Rotimi-Williams (SAN) and Sunday Ameh (SAN), Olotu claimed that section 36 of the 1999 Constitution, as amended, was breached by the NJC and its investigative panel in arriving at their recommendation of compulsory retirement.
She further contended that the petition against her bordered on her failure to deliver a judgment within 90 days and not on misconduct that could carry such heavy punishment as compulsory retirement.
Olotu complained that the NJC recommendation for her compulsory retirement was done in bad faith and in breach of extant codes and rules applicable to her appointment.
Justice Olotu, who was appointed a Federal High Court judge by former President Olusegun Obasanjo, on July 28, 2000 and inaugurated by the then Chief Justice of Nigeria, Justice Mohammed Lawal Uwais on September 1, 2000 claimed that on February 27, 2014, she heard in the media a press statement of the NJC to the effect that she had been recommended for a compulsory retirement.
But the NJC, in its defence claimed that six petitions containing various allegations against the plaintiff were received and that copies were made available to her, requesting her reaction to the allegations which she did.
The NJC claimed that two different investigative panels were set up and, at the end of their investigations into the petitions, found the plaintiff culpable and recommended her removal from office.
Olotu has approached the Court of Appeal, Abuja Division, on the matter.
No date has been fixed for hearing of the appeal.