From Godwin Tsa, Abuja
THE hammer of the National Judicial Council of Nigeria (NJC) has fallen on two Judges who were recommended for compulsory retirement over allegations of gross judicial misconduct.
The affected jurists are Justices Mohammed Yunusa of the Lagos division of the Federal High Court and Olamide Folahanmi Oloyede of the Osun State High Court.
The decision was reached at the end of the 77th meeting of the NJC held on July 15, 2016 under the chairmanship of the Chief Justice of Nigeria, Justice Mahmud Mohammed.
Justice Yunusa had earlier being queried by the Council via a letter with reference number NJC/F.3/ FHC.49/1/421, dated March 16, 2016, signed by the Chief Justice of Nigeria and Chairman of the National Judicial Council, Justice Mahmud Mohammed, wherein, he was given 14 days to submit his response to allegations of judicial abuse, compromise and misconduct leveled against him by the Civil Society Network Against Corruption (CSNAC).
The query was sent to the embattled judge through Justice Ibrahim Auta, the Chief Judge of the Federal High Court,
A statement by the NJC explained that Justice Yunusa was recommended for compulsory retirement from office to President Muhammadu Buhari, pursuant to the ‘findings’ by the Council following the allegations contained in the petitions written against him by the Civil Society Network Against Corruption that he granted interim orders and perpetual injunctions, restraining the Attorney-General of the Federation, the Inspector General of Police, Independent Corruption practices and Related Offence Commission (ICPC) and Economic and Financial Crimes Commission (EFCC) from arresting, investigating and prosecuting some persons accused of corruption in the following seven cases.
The statement signed by Soji Oye, Acting Director of Information listed the cases to include FHC\L\ CS\1471\2015:- between Simon John Adonimere& 3 OrsVs. EFCC; FHC\L\ CS\477\14:- FRN V Michael Adenuga; FHC\L\ CS\1342\15:- Senator Stella Odua Vs. AG Federation, EFCC, ICPC and IGP; FHC\L\CS\1285\15:- JydeAdelakun&AnorVs. Chairman EFCC &Anor; FHC\L\CS\1455\:- Dr Martins Oluwafemi Thomas Vs. EFCC; FHC\L\CS\1269\15:- Hon ShamsudeenAbogu Vs. EFCC &Ors; and FHC\L\CS\1012\15:- Etete Dauzia Loya Vs. EFCC.
After deliberations on the matter, the council found that Justice Yunusa assumed jurisdiction in Federal High Court Lagos in Suit FHC\L\CS\1342\15 wherein the infringement of the applicant’s right occurred in Abuja contrary to section 46 (1) of the 1999 Constitution of Nigeria (as amended)
The meeting further found that Justice Yunusa contravened Rule 3. 1 of the Code of Conduct for Judicial Officers in Suit FHC\L\CS\1445\15 by claiming ignorance of the provisions of the Money Laundering Act when he made an order stopping EFCC from investigation into a money laundering case involving $2.2m (two million, two hundred Thousand Dollars) against the applicant. That Hon. Justice Yunusa’s decision restraining the anti-graft agencies from carrying out their statutory functions in the first six cases mentioned earlier is contrary to the Judgment of the Court of Appeal in A.G Anambra State Vs. UBA which His Lordship quoted but did not apply in his Rulings.
In the case of Justice Justice Oloyede of Osun State High Court, the NJC which acted on petitions by Osun Civil Societies Coalition aslo found him guilty of the allegations.