The National Judicial Council (NJC) under the Chairmanship of Justice Olukayode Ariwoola, has recommended the compulsory retirement of Justice S. O. Falola of Osun State High Court from the Bench.

The retirement was handed down to the Justice at the 104th Meeting of the Council which ended yesterday.

The recommendation was made following the findings of the Investigation Committee set up to probe a petition written against Justice Falola by Mr. Dapo Kolapo Olowo and Polaris Bank for granting a Garnishee Order Absolute against the Bank for the sum of N283,174,000.00 in a questionable and strange manner, and endorsement of the Order 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 judgement sum.

The investing panel found that the subject Judge misconducted himself by entertaining Suit No HIK/41/2018, when there was no evidence of a judgement 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.

It further found the conduct of the subject Judge 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 Council resolved to recommend him to Governor Ademola Adeleke of Osun State for compulsory retirement with immediate effect.

In the exercise of its disciplinary powers under the 1999 Constitution of the Federal Republic of Nigeria as amended, the National Judicial Council has also suspended Justice S. O. Falola from office pending the approval of the recommendation of his compulsory retirement by the Osun State Governor.

Statement issued by the Director, Information, NJC, Mr. Soji Oye, also read that the Council considered the reports of other Investigation Committees that had concluded their sittings, and dismissed the petitions written against the Chief Judge of Akwa Ibom State, Justice Ekaete F. F. Obot; Justice Benson C. Anya of the High Court of Abia State, Justice Z. B. Abubakar of the Federal High Court, Justice Opufaa Ben-Whyte and Augusta Uche K. Chuku of the High Court of Rivers State, for being unmeritorious or withdrawal of petition by the Petitioners.

However, Justice A. I. Akobi of the High Court of the Federal Capital Territory was to be issued a letter of guidance to take proper charge and control of his Court.

The Plenary also considered the report of its three Preliminary Complaints Assessment Committees on 51 fresh petitions written against federal and state judicial officers, and decided to constitute 11 panels to investigate petitions that had merits while dismissing the remaining petitions for being subjudice, having been withdrawn and the Subject Judges having retired from service.

The state read further: “Council also resolved to report A. A. Aribisala (SAN) to Legal Practitioners’ Privileges Committee (LPPC) for investigation and disciplinary action, for the unpalatable and derogatory remarks he made against a judicial officer and by extension, NJC in his petition to the Council.

“Council considered and declined the request of Governor Ademola Adeleke of Osun State, requesting its permission to swear in the next most senior judge in the state in acting capacity, following allegations levelled against the Chief Justice of the state, Justice Adepele Ojo. Also declined was the resolution of the State House of Assembly to suspend him.

“The Council affirmed that Justice Ojo remained the recognized Chief Judge of Osun State, and would not work on the resolution of a State House of Assembly as it is the only body constitutionally empowered to investigate judicial officers and recommend same for any action to the Governor. Consequently, Osun State should revert to status quo.”

The Council informed that it has also received notification of retirements of seven judicial officers as well as notification of deaths of six serving judicial officers of federal and state courts.