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NJC recommends two judges for retirement

By Oludare Richards, Abuja
18 July 2016   |   1:06 am
The National Judicial Council (NJC) has recommended the compulsory retirement of Justice Mohammed Nasiru Yunusa of the Federal High Court, Lagos Division and Justice Olamide Folahanmi Oloyede ...

 

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The National Judicial Council (NJC) has recommended the compulsory retirement of Justice Mohammed Nasiru Yunusa of the Federal High Court, Lagos Division and Justice Olamide Folahanmi Oloyede of the High Court of Justice, Osun State.

The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, at NJC’s 77th meeting, said the move followed a petition from the presidency.

He noted that the decision was pursuant to ‘findings’ by the Council following allegations contained in petitions written against him by the Civil Society Network Against Corruption.

The petition alleged that Justice Yunusa granted interim orders and perpetual injunctions restraining the Attorney-General of the Federation (AGF), the Inspector General of Police (IGP), the Independent Corruption Practices and other related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) from arresting, investigating and prosecuting some persons accused of corruption in seven cases.

Deliberations by the NJC during its meeting revealed that Justice Yunusa assumed jurisdiction in Federal High Court Lagos in suit FHC\L\CS\1342\15 wherein the infringement of the applicant’s right occurred in Abuja contrary to Section 46 (1) of the 1999 Constitution of Nigeria (as amended).

Justice Yunusa was found to have 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 its investigation into a money laundering case involving $2.2 million against the applicant in the said case.”

The Council also held that Justice Yunusa’s decision to restrain 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 Justice Yunusa quoted but did not apply in his rulings.

On the allegations levelled against Justice Olamide Folahanmi Oloyede of the High Court of Osun State, by a group named Osun Civil Societies Coalition, the NJC also recommended her for compulsory retirement from recommendation of the office of the Osun State Governor sequel to findings of its Facts Finding Committee.