The
National Judicial Council said on Sunday that it had recommended the compulsory
retirement of Justice Mohammed Yunusa of the Enugu Division of the Federal High
Court and another judge of the Osun State High Court, Justice Olamide Oloyede,
for various acts of judicial misconduct.
The
NJC’s Acting Director, Information, Mr. Soji Oye, said in a statement on Sunday
that the council headed by the Chief Justice of Nigeria, Justice Mahmud
Mohammed, took the decision at its 77th meeting held on Friday.
Justice
Yunusa was recently accused of taking a bribe from a Senior Advocate of
Nigeria, Mr. Rickey Tarfa, but that was not the basis for his sanction by the
NJC.
The
NJC said Yunusa was recommended for compulsory retirement for making orders
restraining the Economic and Financial Crimes Commission, the Independent
Corrupt Practices and other related offences Commission and other law
enforcement agencies from investigating some persons, including a former
Minister of Aviation, Stella Oduah.
It
said Oloyede was however sanctioned because of the petition she wrote to the
Osun State House of Assembly against the state governor, Rauf Aregbesola.
It
said by her petition, Oloyede “failed to conduct herself in such a manner as to
preserve the dignity of her office and impartiality and independence of the
judiciary.”
The
NJC’s statement read in part, “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.”
The
NJC said Yunusa’s decisions restraining the law enforcement agencies from
carrying out their constitutional duties contravened the judgment of the Court
of Appeal in A.G. Anambra State Vs. UBA which he quoted but did not apply in
his rulings.
He
was also said to have violated Section 46 (1) of the 1999 Constitution of
Nigeria (as amended) by assuming jurisdiction on Oduah’s case in Lagos, whereas
the applicant complained of an alleged infringement of the applicant’s right
which occurred in Abuja.
The
statement further read, “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, the Independent Corruption practices and related offences Commission
and the Economic and Financial Crimes Commission from arresting, investigating
and prosecuting some persons accused of corruption in the following 7 cases”
On
Justice Oloyede’s case, the NJC said her petition against Aregbesola was
calculated to incite the people of the state against the government.
“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/organisations,” the statement added.
It
would be recalled that Justice Yunusa it was that ruled last year that three
journalists be remanded in Prisons custody for weeks over allegations of
defamation of character which was a bailable offence .
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Society