Skip to main content

NJC Recommends Two Judges for Compulsory Retirement for Misconduct

the council has suspended one of them, Gbaja-Biamila, from office with immediate effect in the interim and in exercise of its power under Paragraph 21 Sub-Paragraph (d) of the Third Schedule of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

A statement issued by the  council and signed by its Acting Director of Information, Mr Soji Oye, gave the names of the judges as Hon. Justice O. Gbaja-Biamila of Lagos State High Court and Hon. Justice Idris M. J. Evuti of the Niger State High Court.

While Gbaja-Biamila was recommended for retirement for refusing to deliver judgment within the time allowed by the constitution, Justice Evuti was compulsorily retired for falsifying his age.

Oye said the council took the decision at its meeting which was held on 13th and 14th April, 2016

The statement said:  "Gbaja-Biamila was recommended to the Governor of Lagos State for compulsory retirement from office  pursuant to the findings by the council on the allegations contained in the Petitions written against His Lordship by Mr. C. A. Candide Johnson, SAN.

"The allegations are:

That the Hon. Judge delivered judgment in Suit No ID\1279\2007 P. K. Ojo Vs SDV & SCOA Nigeria Plc, twenty months (22), after written addresses were adopted by all the counsel and thirty-five (35) months after the close of evidence in the Suit, contrary to the Constitutional Provisions that judgments should be delivered within a period of 90 days;

"That His Lordship did not publish a copy of judgment he delivered on 24th December, 2013 until after 40 days, contrary to the provision of the constitution which required that a copy of the judgment of a Superior Court of Record be given to prties in the case within seven days of delivery.

That the judge continued to hear the suit in his court after he had been notified of the pendency of a Motion for a Stay Of Execution at the Court of Appeal and that an appeal had been entered.

Prior to the issuance of the first writ of attachment, the Court Registrar under the direct administration of the judge falsely misrepresented to the Deputy Sheriff in a memo dated 28th November, 2014, that there was no appeal or motion in the case file as at 28th November 2014. Meanwhile, there were two Notices of Appeal and two Summons to settle Records in the Court's file.

"That the judge gave an order on 23rd February, 2015 upon an ex-parte application substituting the name of SDV Nigeria Ltd with Bollore Logistics Nigeria Ltd without serving the order of substitution on the affected party or its legal representatives. 

"That the judge failed to maintain professional competence required to preserve the integrity of the Judiciary."

NJC said that ‎the above allegations constituted misconduct contrary to Section 292 (1) (b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended and Rules 1.3, 3.3, 3.4 and 3.7 of the 2016 Revised Code Of Conduct for Judicial Officers Of the Federal Republic of Nigeria."

The council said it also considered a petition written by Mohammed Idris Eggun against  Justices Idris M. J. Evuti and Tanko Yusuf Usman of the High Court of Niger State on falsification of their dates of birth.
He also said the NJC had recommended to the Niger State Government to deduct all salaries received by Justice Evuti from September 2015 till date from his gratuity and remit same to the council which is the body that pays salaries of judicial officers in the country. Justice Tanko Yusuf is to refund his salary,having retired before the NJC's decision.

Extract from: The Vanguard online


Popular posts from this blog

Positive Mates Foundation: 2018 Annual Charity day visit to Modupe Cole

Tupac Shakur’s stepfather up for parole after spending 30 years in prison

Mutulu Shakur (born Jeral Wayne Williams, August 8, 1950) is an American black nationalist and acupuncturist. He was a proponent of the Republic of New Afrika and a close friend of Geronimo Pratt.

Shakur is best known for his conviction on racketeering charges following the 1979 prison escape of Joanne Chesimard (Assata Shakur) and the infamous $1.6 million robbery of a Brinks armored truck in New York in which a guard and two police officers were killed. It was later found that an illegal project by the FBI, COINTELPRO, aimed at surveilling, infiltrating, discrediting, and neutralizing what they considered domestic political organizations, like Dr. Martin Luther King Jr., had targeted Mutulu as well as many of his comrades.  Mutulu Shakur is the stepfather of deceased rapper Tupac Shakur. He was captured, convicted and sentenced to 60 years in prison for leading a revolutionary group responsible for a trail of bloodshed, including the slayings of an armed guard and two New York polic…

Senate Passes Bill Compelling Government to Buy Made-in-Nigeria Products

The Nigerian Senate took a great step in stabilizing the country's economy and protecting its locally made goods as it passed into law the Public Procurement Act 20‎07 (amendment) bill 2016. The law makes it mandatory for government agencies to purchase and patronize made-in-Nigeria goods. The law will not only promote locally made products, it will also help stabilize the economy.The Senate President while considering a report on the bill said that the latest move by the hollow chamber is a good move in the right direction as it will help "in stimulating our economy, [as] we all have a role to play to ensure that the executive complies especially in the area of giving first priority to locally-produced goods.
"This has helped many countries to develop when they had issues of downturn in their economy. I believe that having over N3trn available to stimulate local production going on now. "One of the things that we have done today is also trying to shorten the proc…