NJC attempts to clean up judiciary, fires Justice Ademola, places others on ‘watch list’

In an apparent move to cleanse itself of corruption, the National Judicial Council (NJC) on Thursday announced that it recommended to President Muhammadu Buhari to sack justices Adeniyi Ademola and Segun Tokode, both of the Federal High Court, over misconduct.

NJC then described as mere after-thought the purported retirement of Justice Ademola, explaining that the judge only ran to the press to announce his retirement after he might have learnt of the recommendation for his sack.

This was even as the NJC said that it has issued a warning to some judges following uncomplimentary reports against them.

Ademola had in an earlier report on Thursday claimed that he had tendered his letter of voluntary retirement from the bench of the Federal High Court.

Ademola, who is due for statutory retirement in March 2018, was said to have suddenly turned in his letter of resignation dated December 6, 2017.

The judge is said to have in a one-paragraph letter of resignation allegedly received at the office of the acting Chief Judge of the Federal High Court in Abuja on Thursday December 7, stated that his retirement took effect from Wednesday December 6.

The letter addressed to the Chief Justice of Nigeria (CJN) and NJC chairman, Justice Walter Onnoghen, was titled “Letter of voluntary retirement” and read, “I hereby voluntarily retire from the bench of the Federal High Court with effect from December 6, 2017.”

The footnote of the letter added, “This letter supersedes my previous notice of retirement from the Federal High Court of Nigeria dated 25/09/2017”.

But a statement by NJC’s Director of Information, Mr. Soji Oye, later on Thursday described Ademola’s resignation letter as an after though. It said that the council had at its meeting on Wednesday recommended the two judges to President Buhari for compulsory retirement.

The statement read, “The National Judicial Council, under the chairmanship of the Chief Justice of Nigeria, Justice Walter Onnoghen, at its 84th Meeting which was held on December 6, 2017, recommended the compulsory retirement from office of Justice A. F. A. Ademola and Justice O. O. Tokode both of the Federal High Court for misconduct.

“Mr. Ademola who had forwarded his notice of retirement on 10th October, 2017 to the Council against 9th April, 2018, when he will attain the mandatory retirement age of 65 years was recommended for compulsory retirement from office to President Muhammadu Buhari, GCFR, pursuant to the findings by the Council on the allegation contained in the petition written against His Lordship by a group of 8 persons under the name of Committee of Anambra State PDP House of Representatives Members-Elect alleging His Lordship of the following:

“That His Lordship heard their Suit No. FHC/ABJ/CS/177/2015 which was adjourned for judgment on March 25, 2015;

“That on the adjourned date, His Lordship did not deliver the judgment but adjourned the case sine die, to await the decision of the Supreme Court on another matter on the same issue, on is the list of PDP candidates for Anambra State for the General Elections of 2015;

“That His Lordship speedily heard and delivered judgment in another case in Suit No. FHC/ABJ/CS/254/2015 filed later on the same issues, with intent to confer undue advantage on the Plaintiff who is from a family with which the Respondent has relationship;

“That the Certified True Copy (CTC) of the judgment ultimately given to the petitioners contained a paragraph that was not read in open Court by the Hon. Judge and that a phrase was altered, all to address an issue raised in the appeal that had already been filed by the Petitioner before the issuance of Certified True Copy (C T C);

“That some of the reasoning and conclusions of the Hon. Judge were summersaults;

“That the Respondent finally delivered judgment in the case on 8th July, 2016, five (5) months after the Supreme Court delivered the judgment he was awaiting contrary to the Constitutional provisions that judgments should be delivered within a period of 90 days.”

The statement noted that though the petitioners withdrew their petitions in accordance with to Regulation 16 of the National Judicial Council Judicial Discipline Regulations on March 9, 2017, “Council viewed His Lordship’s action of non-delivery of judgment within the stipulated time as misconduct contrary to Section 292 (1) (b) of the Constitution of the Federal Republic of Nigeria, 1999, as amended and Rules 1.3 and 3.7 of the 2016 Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.”

NJC added, “The public is hereby informed to disregard news circulating on some news media that Mr. Ademola has voluntarily retired. The purported voluntary retirement is clearly an afterthought as Council had taken action before his decision to forward any voluntary retirement letter.”

On Justice Tokode the NJC said he was also recommended to President Buhari for compulsory retirement from office “with immediate effect sequel to the findings of council on the allegation contained in petitions forwarded by Socio-Economic Rights and Accountability Project (SERAP) and Abimbola Awogboro.”

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NJC said that the petitioners had accused Tokode of misleading the Federal Judicial Service Commission and the National Judicial Council, by submitting six judgments he claimed to have personally conducted while practising as a lawyer; a pre-requisite for his application for appointment as a Judicial Officer, and was so appointed.

“The Investigation Committee of Council however found that the Hon. Judge personally conducted only one of the six cases submitted. Therefore, Council decided to recommend his compulsory retirement and the refund of all salaries and allowances he earned since his purported appointment to the position of a Judge to the coffers of the Judiciary.

“In the interim, the National Judicial Council in exercise of its power under paragraph 21 sub-paragraph (d) of the Third Schedule of the Constitution of the Federal Republic of Nigeria, 1999, as amended, has suspended Justices A. F. A. Ademola and O. O. Tokode from office with immediate effect.

“The Council also issued serious warning letters to Justice A. N. Ubaka of the National Industrial Court of Nigeria for failure to deliver Ruling in Suit No. NICN/BEN/51/2014 within the time specified time by law.

“The council did not accept the reasons given for failure to deliver the ruling within time. The judge has also been placed on watch-list of the Council for the next one year.

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“Council also gave a warning letter to Justice Zainab Aliyu Sadat of the High Court of Niger State and placed her on the watch-list for three years for claiming that the Defendant in Suit No: NHSC/MN/46/2016 failed to make available authority cited by them after submission of the argument to her.

“Council at the meeting also decided to dismiss the petition written by Ali Modu Sheriff alleging that Justice A. Liman of the Federal High Court of corruption for his failure to honour the invitation of the Investigation Committee on the three occasions that he sat to investigate the matter.

“Council exonerated Justice Simon Akpah Amogeda of the Federal High Court from corruption allegation by Ernest J. Henry, who could not substantiate his allegation.

“The council decided to write the petitioner a warning letter for maligning the name of the Hon. Judge.

“All judicial officers placed on ‘watch-list’ of the council will not be elevated or considered for special assignments during the period they are on the list.

“Within that period, council reserves the right to consider their suitability or otherwise to continue as judicial officers based on their performance,” NJC said.

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