- Justice Yunusa also kicked out
For daring to write a petition against
the Osun State Governor, Rauf Aregbesola, Justice Olamide Folahanmi
Oloyede of the High Court in the state has been recommended for
compulsory retirement by the National Judicial Council (NJC).
The council also stated that Justice
Mohammed Nasiru Yunusa of the Federal High Court, Lagos Division, has
been kicked out of the bench for alleged misconduct.
The council said pending the time
President Muhammadu Buhari and Aregbesola confirm the compulsory
retirement, the NJC, in the exercise of its disciplinary powers under
the constitution has suspended the two judges.
A statement issued yesterday in Abuja by
the council’s acting Director of Information, Mr Soji Oye, said: “The
council under the chairmanship of the Hon. Chief Justice of Nigeria,
Hon. Justice Mahmud Mohammed at its 77th meeting which was held on 15th
July, 2016 recommended the compulsory retirement from office of Hon.
Justice Mohammed Nasiru Yunusa of the Federal High Court of the Lagos
Division and Hon. Justice Olamide Folahanmi Oloyede of the High Court of
Justice, Osun State.
“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
petitions written against him by the Civil Society Network Against
Corruption that His Lordship granted interim orders and perpetual
injunctions, restraining the Attorney-General of the Federation, the
Inspector General of Police, the Independent Corruption Practices and
Related Offence Commission (ICPC) and the Economic and Financial Crimes
Commission (EFCC) from arresting, investigating and prosecuting some
persons accused of corruption in the following seven cases:
FHC\L\CS\1471\2015: between Simon John Adonimere & 3 Ors Vs. EFCC;
FHC\L\CS\477\14: FRN V Michael Adenuga; FHC\L\CS\1342\15: Senator
Stella Oduah Vs. AG Federation, EFCC, ICPC & IGP; FHC\L\CS\1285\15:
Jyde Adelakun & Anor Vs. Chairman EFCC & Anor; FHC\L\CS\1455\:
Dr. Martins Oluwafemi Thomas Vs. EFCC; FHC\L\CS\1269\15: Hon Shamsudeen
Abogu Vs. EFCC & Ors; and FHC\L\CS\1012\15: Hon. Etete Dauzia Loya
Vs. EFCC.”
The statement said that during
deliberations, council found as follows: “That Justice Yunusa assumed
jurisdiction in the Federal High Court, Lagos, in suit FHC\L\CS\1342\15
wherein the infringement of the applicant’s rights occurred in Abuja
contrary to Section 46 (1) of the 1999 Constitution of Nigeria (as
amended).
“That His Lordship 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 carrying out an investigation into a
money laundering case involving $2.2 million 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 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.”
On the allegations levelled against
Justice Oloyede by a group, Osun Civil Societies Coalition, the council
also recommended her compulsory retirement from office to the Osun
governor sequel to the findings of its fact-finding committee that: “The
judge failed to conduct herself in such a manner as to preserve the
dignity of her office and the impartiality and independence of the
judiciary 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/organisations.
“The petition written by the judge was
said to contain political statements, unsubstantiated allegations and
accusations aimed at deriding, demeaning and undermining the government
of Osun State, the person and character of the governor (as one who is
cruel, a liar and a traitor), his deputy and aides.
“The council also found that the
petition contained statements calculated to incite the residents of Osun
State against the state government and its elected officers.”
NJC added: “Justice Oloyede crossed the
fundamental right of freedom of speech and created a negative perception
of the Nigerian judiciary to the public.
“The allegations against the judge
constitute a misconduct contrary to Section 292(1) (b) of the 1999
Constitution of the Federal Republic of Nigeria, as amended and Rules
1(1) and 5 of the 2016 Revised Code of Conduct for Judicial Officers of
the Federal Republic of Nigeria.”
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