…Probes 51 petitions against others
The National Judicial Council (NJC), has wielded the big stick by recommending the compulsory retirement of a Judge of a High Court Judge in Osun State, Justice S.O. Falola over gross misconduct.
This was as the NJC equally set up panels to investigate 51 petitions against others over various acts of misconduct in the discharge of their judicial duties.
Justice Falola was recommended to Governor Ademola Adeleke for compulsory retirement for granting fraudulent orders contrary to the provisions of the law.
The Council at its 104th Meeting Abuja, invoked its Constitutional powers by placing the erring Judge on an indefinite suspension pending when Governor Adeleke would give vent to its recommendation.
These were contained in a statement on Thursday, December 7, 2023 by the Director of Information of the NJC, Mr Soji Oye stating that Justice Falola incurred the wrath of the Council by granting a Garnishee Order Absolute against Polaris Bank for the sum of N283,174,000 in a questionable and strange manner and the endorsement of the Order,
The recommendation for a compulsory retirement for Justice Falola was predicated on the findings of an Investigation Committee following a petition against him by one Dapo Kolapo Olowo and Polaris Bank.
Falola was also found wanting for attaching the account of the Garnishee with another Garnishee and not the account of the Judgment Debtor who had the legal obligation to pay the supposed judgment sum.
NJC said that it found that the Judge misconducted himself by entertaining suit No HIK/41/2018 when there was no evidence of a judgment of the Kwara State High Court before him, neither was there a Certificate of Registration of same in Osun State to confer jurisdiction on him.
The Council further said that it found the conduct of Justice Falola by travelling to Lagos to visit the Counsel of the Bank in his Chambers on the issue of Garnishee Proceedings unbecoming of the standard expected of a Judicial Officer.
Consequently, the NJC recommended him to Governor Adeleke for compulsory retirement with immediate effect.
However, the Council declined the request of Governor Ademola Adeleke of Osun State for permission to swear in the next Most Senior Judge in the State in acting capacity, following allegations levelled against the Chief Judge of Osun State, Justice Adepele Ojo and the resolution of the State House of Assembly to suspend him.
The Council affirmed that Justice Ojo remains the recognized Chief Judge of Osun State and would not work on the resolution of a State House of Assembly, stressing that the Council is the only body constitutionally empowered to investigate Judicial Officers and recommend same for any action to the Governor and accordingly, directed Osun State to revert to status quo.
The NJC meeting which was presided over by the Chief Justice of Nigeria (CJN), Olukayode Ariwoola, set up 11 probe panels to investigate 51 fresh petitions against some judicial officers for acts of gross misconduct.
The Council in the statement, said that it also considered the reports of other Investigation Committees that had concluded their sittings, and dismissed petitions written against Justice Ekaete F. F. Obot, Chief Judge of Akwa Ibom State, Justice Benson Anya of High Court of Abia State, Justice Z. B. Abubakar of Federal High Court, Justice Opufaa Ben-Whyte and Augusta Uche K. Chuku of the High Court of Rivers State for being un-meritorious or withdrawal of petition by the petitioners.
However, Hon Justice A. I. Akobi of the High Court of the Federal Capital Territory is to be issued a letter of guidance to take proper charge and control of his Court.
In a related development, the NJC resolved to report a Senior Advocate of Nigeria (SAN), Mr. A. A. Aribisala to the Legal Practitioners’ Privileges Committee (LPPC) for investigation and disciplinary action following what the Council described as “unpalatable and derogatory” remarks he made against a Judicial Officer and by extension, the NJC in his petition to the Council.
