Justice Ademola's Voluntary Retirement Announcement Was A Ruse To Cover Up His Sack From The Nigerian Judiciary - NJC
An attempt by Justice Adeniyi Ademola of the Federal High
Court to voluntarily retire to beat sanctions has been
decimated by the National Judicial Council (NJC) which
explained on Thursday that he was compulsorily retired, with
immediate effect, following a recommendation it had made to
President Muhammadu Buhari.
In a statement signed by Director of Information Soji Oye on
behalf of the NJC Secretary, the body described Justice
Ademola’s purported 'voluntary retirement' clearly as an
afterthought, as the Council had taken action before his
decision to forward a voluntary retirement letter.
The statement followed Wednesday’s NJC meeting chaired by
Chief Justice Walter Onnoghen recommended the compulsory
retirement of Federal High Court judges Ademola and O. O.
Tokode, for misconduct. The NJC also suspended the two men
from office with immediate effect.
The NJC statement explained that Mr. Ademola had sent his
notice of retirement to the Council on October 10 against an
April 9, 2018 date of retirement, when he would have attained
the mandatory retirement age of 65 years. However, in view of
the findings of the Council on certain allegations in a petition
against him by a group of eight persons called the "Committee
of Anambra State PDP House of Representatives Members-
Elect," it said he was recommended for compulsory retirement.
It also explained that Justice Tokode was recommended for
compulsory retirement from office with immediate effect sequel
to the findings of Council on an allegation by the Socio-
Economic Rights and Accountability Project (SERAP) and Miss
Abimbola Awogboro.
It said the petitioners had accused Justice Tokode of
misleading the Federal Judicial Service Commission and the
National Judicial Council by submitting six judgements he
claimed to have personally conducted while practising as a
lawyer, being a pre-requisite for his application for
appointment as a Judicial Officer, on the basis of which he
was 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.”
With reference to Justice Ademola, the NJC said the
allegations against him stated that after hearing their suit,
FHC/ABJ/CS/177/2015, he set judgement for March 25th, 2015.
On that date, however, “His Lordship did not deliver the
judgement but adjourned the case sine die, to await the
decision of the Supreme Court on another matter on the same
issue, on is (sic) the list of PDP candidates for Anambra
State for the General Elections of 2015.”
Continuing, the NJC said the allegations further stated:
That [Justice Ademola] speedily heard and delivered judgement
in another lawsuit with 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 judgement
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 judgement in the case
on July 8th, 2016, five (5) months after the Supreme Court
delivered the judgement he was awaiting contrary to the
Constitutional provisions that judgements should be delivered
within a period of 90 days;
Though the Petitioners withdrew their petitions in accordance
with to Regulation 16 of the National Judicial Council Judicial
Discipline Regulations of 9th March, 2017, Council viewed His
Lordship’s action of non-delivery of judgement 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.
The NJC also took other actions, including sending a serious
warning letter to Justice A. N. Ubaka of the National
Industrial Court of Nigeria for failure to deliver a ruling in
Suit No. NICN/BEN/51/2014 within the time specified time by
law, saying it did not accept the reasons given for the failure
to rule within the period determined by law. The judge has
also been placed on the watch-list of the Council for the
next one year.
Also receiving a warning letter is Justice Zainab Aliyu Sadat
of the High Court of Niger State, who was placed on a three-
year watch-list for claiming that the Defendant in Suit No:
NHSC/MN/46/2016 failed to make available an authority cited
by them after submission of the argument to her.
Court to voluntarily retire to beat sanctions has been
decimated by the National Judicial Council (NJC) which
explained on Thursday that he was compulsorily retired, with
immediate effect, following a recommendation it had made to
President Muhammadu Buhari.
In a statement signed by Director of Information Soji Oye on
behalf of the NJC Secretary, the body described Justice
Ademola’s purported 'voluntary retirement' clearly as an
afterthought, as the Council had taken action before his
decision to forward a voluntary retirement letter.
The statement followed Wednesday’s NJC meeting chaired by
Chief Justice Walter Onnoghen recommended the compulsory
retirement of Federal High Court judges Ademola and O. O.
Tokode, for misconduct. The NJC also suspended the two men
from office with immediate effect.
The NJC statement explained that Mr. Ademola had sent his
notice of retirement to the Council on October 10 against an
April 9, 2018 date of retirement, when he would have attained
the mandatory retirement age of 65 years. However, in view of
the findings of the Council on certain allegations in a petition
against him by a group of eight persons called the "Committee
of Anambra State PDP House of Representatives Members-
Elect," it said he was recommended for compulsory retirement.
It also explained that Justice Tokode was recommended for
compulsory retirement from office with immediate effect sequel
to the findings of Council on an allegation by the Socio-
Economic Rights and Accountability Project (SERAP) and Miss
Abimbola Awogboro.
It said the petitioners had accused Justice Tokode of
misleading the Federal Judicial Service Commission and the
National Judicial Council by submitting six judgements he
claimed to have personally conducted while practising as a
lawyer, being a pre-requisite for his application for
appointment as a Judicial Officer, on the basis of which he
was 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.”
With reference to Justice Ademola, the NJC said the
allegations against him stated that after hearing their suit,
FHC/ABJ/CS/177/2015, he set judgement for March 25th, 2015.
On that date, however, “His Lordship did not deliver the
judgement but adjourned the case sine die, to await the
decision of the Supreme Court on another matter on the same
issue, on is (sic) the list of PDP candidates for Anambra
State for the General Elections of 2015.”
Continuing, the NJC said the allegations further stated:
That [Justice Ademola] speedily heard and delivered judgement
in another lawsuit with 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 judgement
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 judgement in the case
on July 8th, 2016, five (5) months after the Supreme Court
delivered the judgement he was awaiting contrary to the
Constitutional provisions that judgements should be delivered
within a period of 90 days;
Though the Petitioners withdrew their petitions in accordance
with to Regulation 16 of the National Judicial Council Judicial
Discipline Regulations of 9th March, 2017, Council viewed His
Lordship’s action of non-delivery of judgement 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.
The NJC also took other actions, including sending a serious
warning letter to Justice A. N. Ubaka of the National
Industrial Court of Nigeria for failure to deliver a ruling in
Suit No. NICN/BEN/51/2014 within the time specified time by
law, saying it did not accept the reasons given for the failure
to rule within the period determined by law. The judge has
also been placed on the watch-list of the Council for the
next one year.
Also receiving a warning letter is Justice Zainab Aliyu Sadat
of the High Court of Niger State, who was placed on a three-
year watch-list for claiming that the Defendant in Suit No:
NHSC/MN/46/2016 failed to make available an authority cited
by them after submission of the argument to her.
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