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Judicial Council Recommends Compulsory Retirement of 2 Judges for Professional Misconduct

NAN

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Justice Oloyede (L) and Justice Yunusa (R)

Justice Oloyede (L) and Justice Yunusa (R)

The National Judicial Council (NJC) has recommended the compulsory retirements of two judges, Justice Mohammed Yunusa of the Federal High Court, Lagos, and Justice Olamide Oloyede of Osun State High Court.

The NJC, in a statement signed by the Council’s Acting Director of Information, Soji Oye, said the judges were found guilty of professional misconduct at the 77th meeting of the council held on July 15.

Oye said the recommendation of the meeting chaired by the Chief Justice of Nigeria, Justice Mahmud Mohammed had been forwarded to President Muhammadu Buhari, and Governor Rauf Aregbesola of Osun, for approval.

He said the NJC in exercise of its disciplinary powers had suspended Yunusa and Oloyede from office, pending the approval of their compulsory retirement.

He said Yunusa was axed pursuant to allegations contained in a petition written against him by the Civil Society Network Against Corruption.

Yunusa, the statement added, granted interim orders and perpetual injunctions restraining the Attorney General of the Federation, Inspector General of Police, ICPC and the EFCC from arresting, investigating and prosecuting some persons accused of corruption.

The spokesman said the cases were FHC\L\CS\1471\2015 between Simon John Adonimere & 3 Ors Vs. EFCC and FHC\L\CS\477\14 FRN V Michael Adenuga.

Others were FHC\L\CS\1342\15 Senator Stella Odua Vs. AGF, EFCC, ICPC & IGP and FHC\L\CS\1285\15 Jyde Adelakun & Anor Vs. Chairman EFCC & Anor,
FHC\L\CS\1455\ Dr. Martins Oluwafemi Thomas Vs. EFCC

The others were FHC\L\CS\1269\15 Hon. Shamsudeen Abogu Vs. EFCC & Ors as well as FHC\L\CS\1012\15 Hon. Etete Dauzia Loya Vs. EFCC.

He said the council found that Yunusa assumed jurisdiction 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)

Oye also said “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”.

According to him, such an oversight led to the order stopping EFCC from Investigation into a money laundering case involving $2.2 million against the applicant.

The spokesman said Yunusa’s decision restraining the anti-graft agencies from carrying out their statutory functions in the first six cases mentioned earlier was contrary to the judgment of the Court of Appeal in A.G Anambra State Vs. UBA.

He said that “Yunusa cited the case but did not apply it in his ruling”.

“On the allegations against Oloyede by Osun Civil Societies Coalition, council also recommended her to Gov Rauf Aregbesola, for compulsory retirement from office.

The judge failed to conduct herself in such a manner as to preserve the dignity of her office and impartiality and independence of the judiciary.

She derailed when she wrote a petition against the Osun State Governor and his Deputy to the Members of the State House of Assembly and circulated same to 36 persons and organisations,

The petition was said to contain political statements, unsubstantiated allegations and accusations aimed at deriding, demeaning and undermining the Government of Osun State.

This further put the character of the governor as one who is cruel, a liar and a traitor.

The petition contained statements calculated to incite the residents of Osun State against the state government and its elected officers.

Hon. Justice Oloyede crossed the fundamental right of freedom of speech and created a negative perception of the Nigerian Judiciary to the Public,” he said.

Oye said the allegations against the Oloyede constituted a misconduct contrary to Section 292 (1) (b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

He said the judge specifically violated Rules 1 (1) and 5 of the 2016 Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.

Photo Credit: Federal High Court

NAN

The News Agency of Nigeria (NAN) was established by the Federal Government of Nigeria in May 1976 to gather and distribute news on Nigeria and cover events of interest to Nigeria at the international level for the benefit of the Nigerian Media and the Public.

6 Comments

  1. Anonymous

    July 18, 2016 at 6:58 am

    Asking them to resign for their opinion and judgement as a judge? Haba!! Naija. That’s what they are paid to do, but they are not always right. That’s why the legal system has an appeal procedure. In America you need to read the ridiculous rationales and reasonings some judges write for giving, especially black men, crazy sentences for the smallest crime ever. If to say na Naija, all these judges for dun retire nah? It’s simple, appeal the lower court’s decision in a higher Court. Argue why the lower judge was erroneous in his/her judgement and get it over ruled. Period. This whole resignation thing sounds like political revenge to me. Unless they have proof that the judges collected some type of illegal compensation in favor of the defendants. Makes no sense at all. Mshew

    • kk

      July 18, 2016 at 7:49 am

      Go back and read the statement again.

    • sparkle

      July 18, 2016 at 9:42 am

      You should really go back and read the story again and then one more time….whew!!

    • cybernd

      July 18, 2016 at 12:20 pm

      Isnt that the essence of the compulsory retirement or did just runaway with the headline as your likes are wont to do?

  2. Moses Damilare

    July 18, 2016 at 7:42 am

    am in support of removing civil servants who are involved in corruption and other malpractices, however, I will describe the retirement of Justice Oloyede Olamide… as political and harsh. If a judge or any Nigerian is suffering and express his/her situation I believe strongly that the penalty shouldn’t be retirement even if she lacks jurisdiction. We are running a democratic system of government. Where then is the democracy ig even a high judge cannot talk to the government who are we nobody to talk. Judicial council has made a decision I would call harsh and cruel. The council could have just punish her with few months work without pay, or something else but compulsory retirement at that young age? That decision is too severe and cruel. Mr. President should not approve even if the so call Governor is ready to approve since the decision is in his favor.

    • P!e

      July 18, 2016 at 3:04 pm

      I agree. The Oloyede case feels like witch hunting.

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