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Tuesday, 19 April 2016

Corruption: NJC Sacked Two Judges, See Why....


ABUJA – The National Judicial Council, NJC, on
Tuesday, sacked Justice O. Gbaja-Biamila of the
Lagos State High Court and Justice Idris M. J.
Evuti of the Niger State High Court.
Aside recommending their compulsory retirement,
NJC, said it has in exercise of its power under
Paragraph 21 Sub-Paragraph (d) of the Third
Schedule of the 1999 Constitution of the Federal
Republic of Nigeria, as amended, suspended the
two Justices from office with immediate effect.
The council which is headed by the Chief
Justice of Nigeria, CJN, Justice Mahmud
Mohammed, said it took the decision at the end
of a meeting it held on April 13 and 14.
NJC okayed Justice Gbaja-Biamila’s sack after it
found out that he delivered judgment in a matter
that was before him, twenty-two months after
written addresses were adopted by all the
parties and thirty-five months after the close of
evidence in the suit. The council said after it
investigated a petition that was lodged before it
by Mr. C. A. Candide Johnson, SAN, it concluded
that the action the judge took in suit No ID
\1279\2007 P. K. Ojo Vs SDV & SCOA Nigeria
Plc, was contrary to constitutional provisions that
judgments should be delivered within a period of
90 days.
According to a statement by the Acting Director
of Information at the NJC, “His Lordship did not
publish a copy of judgment he delivered on 24th
December, 2013 until after 40 days, contrary to
the provision of the Constitution which required
that a copy of the Judgment of a Superior Court
of Record be given to Parties in the case within 7
days of delivery.
“That the Hon. Judge continued to hear the Suit
in his Court after he had been notified of the
pendency of a Motion for a Stay Of Execution at
the Court of Appeal and that an appeal had been
entered. ”Prior to the issuance of the first writ of
attachment, the Court Registrar under the direct
administration of the Hon. Judge falsely
misrepresented to the Deputy Sheriff in a memo
dated November 28, 2014, that there was no
Appeal or Motion in the case file as at November
28, 2014.
“Meanwhile, there were two Notices of Appeal
and two Summons to settle Records in the
Court’s file. “That the Hon. Judge gave an Order
on February 23, 2015 upon an Ex-parte
application substituting the name of SDV Nigeria
Ltd with Bollore Logistics Nigeria Ltd without
serving the Order of substitution on the affected
party or its legal representatives.
”That the Hon. Judge failed to maintain
Professional competence required to preserve
the integrity of the Judiciary. ”The above
allegations constitute misconduct contrary to
Section 292 (1) (b) of the 1999 Constitution of
the Federal Republic of Nigeria, as amended and
Rules 1.3, 3.3, 3.4 and 3.7 of the 2016 Revised
Code Of Conduct for Judicial Officers Of the
Federal Republic of Nigeria”.
Similarly, NJC, said it found two other judges of
the High Court of Niger State, Justices Evuti and
Tanko Yusuf Usman guilty of allegations that
they falsified their dates of birth. It said the
Judges were indicted on the basis of a petition
filed against them by one Mohammed Idris
Eggun.


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