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.
(c)Punch
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