The National Judicial Council, under the Chairmanship of the Hon. Chief Justice of Nigeria, Hon. Justice Mahmud Mohammed, GCON, 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 Lagos Division and Hon. Justice Olamide Folahanmi Oloyede of the High Court of Justice, Osun State.
2.
Hon. Justice Mohammed Nasiru Yunusa was recommended for compulsory
retirement from Office to President Muhammadu Buhari, GCFR,
Pursuant to the ‘Findings’ by the Council following the
allegations contained in the 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,
Independent Corruption practices and Related Offence Commission
(ICPC) and Economic and Financial Crimes Commission (EFCC) from
arresting, investigating and prosecuting some persons accused of
corruption in the following 7 cases:-
1.FHC\L\CS\1471\2015:-
between Simon John Adonimere & 3 Ors Vs. EFCC;
2.FHC\L\CS\477\14:-
FRN V Michael Adenuga;
3.FHC\L\CS\1342\15:-
Senator Stella Odua Vs. AG Federation, EFCC, ICPC & IGP;
4.FHC\L\CS\1285\15:-
Jyde Adelakun & Anor Vs. Chairman EFCC & Anor;
5.FHC\L\CS\1455\:-
Dr Martins Oluwafemi Thomas Vs. EFCC;
6.FHC\L\CS\1269\15:-
Hon Shamsudeen Abogu Vs. EFCC & Ors; and
7.FHC\L\CS\1012\15:-
Hon. Etete Dauzia Loya Vs. EFCC
3.
During deliberations Council found as follows:
•That
Hon. 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)
•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 Investigation into a money laundering case
involving $2.2m (Two Million, Two Hundred Thousand Dollars) 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 earlier is contrary to the Judgement of the Court of
Appeal in A.G Anambra State Vs. UBA which His Lordship quoted but
did not apply in his Rulings.
4.On
the allegations levelled against Hon. Justice Olamide Folahanmi
Oloyede of High Court of Justice, Osun State , by Osun Civil
Societies Coalition, Council also recommended her for compulsory
retirement from Office to the Osun State Governor sequel to the
‘Findings’ of its Facts Finding Committee that:
•the
Hon. Judge failed to conduct herself in such a manner as to preserve
the dignity of her Office and 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/organizations.
•the
Petition 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
Petition contained statements calculated to incite the residents of
Osun State against the State Government and its elected Officers.
•Hon.
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 Hon. 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.
5.
In the meantime, the National Judicial Council, in the exercise of
its disciplinary powers under the 1999 Constitution of the Federal
Republic of Nigeria, as amended, has suspended Hon. Justice M. N.
Yunusa and Hon Justice Olamide Folahanmi Oloyede from Office pending
the approval of the recommendation of the Council for their
compulsory retirement by the President of the Federal Republic of
Nigeria Muhammadu Buhari, GCFR, and Governor Rauf Adesoji Aregbesola
of Osun State respectively.
Soji
Oye, Esq.
Ag.
Director, Information
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