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NJC Declines Adeleke’s Request To Replace Osun CJ, Sacks High Court Judge
The National Judicial Council (NJC) chaired by the Chief Justice of Nigeria, Justice Olukayode Ariwoola, rose from its 104th meeting of December 6 and 7, 2023, affirming that Justice Adepele Ojo is still the recognised Chief Judge of Osun State.
The Council directed Osun State to revert to status quo after declining the request of Governor Ademola Adeleke requesting its permission to swear in the next Most Senior Judge in the State in acting capacity, following allegations levelled against the Chief Judge and the resolution of the State House of Assembly to suspend him.
A statement signed by the Director of Information of the NJC, Soji Oye, says the council also recommended the compulsory retirement of a judge of the Osun State High Court, Justice Sakariyah Oyejide Falola, from the Bench.
The recommendation follows the findings of an investigation committee in a petition written by Mr Dapo Kolapo Olowo and Polaris Bank against the judge for granting a Garnishee Order Absolute against the bank for the sum of N283,174,000.00 (Two Hundred and Eighty-Three Million, One Hundred and Seventy-Four Thousand Naira) in a questionable and strange manner.
The committee found the conduct of Justice Falola traveling to Lagos to visit the counsel of the bank in his chambers on the issue of Garnishee Proceedings, unbecoming of the standard expected of a judicial officer.
Consequently, the NJC in the exercise of its disciplinary powers under the Constitution has suspended Justice Falola from office pending the approval of the recommendation of his compulsory retirement by Governor Adeleke.
The Council also considered the reports of other investigation committees that had concluded their sittings, and dismissed the petitions written against the Chief Judge of Akwa Ibom State, Justice Ekaete Obot.
It similarly dismissed petitions against Justice Benson Anya of the High Court of Abia State, Justice Zainab Bage-Abubakar of the Federal High Court, and Justice Opufaa Ben-Whyte and Justice Augusta Chuku, both of the High Court of Rivers State, for being unmeritorious, or for withdrawal of the petitions by the petitioners.
Justice Anne Akobi of the High Court of the Federal Capital Territory is to be issued a letter of guidance to take proper charge and control of her court.
The NJC also considered the Report of its three Preliminary Complaints Assessment Committees on 51 fresh petitions written against Federal and State Judicial Officers and decided to constitute 11 Panels to investigate petitions that had merits and dismissed the remaining petitions for being subjudice, having been withdrawn, and the subject judges having retired from service.
The Council also resolved to report a Senior Advocate of Nigeria, Ajibola Aribisala, to the Legal Practitioners’ Privileges Committee (LPPC) for investigation and disciplinary action, for the unpalatable and derogatory remarks he made against a judicial officer and by extension, the NJC in his petition to the council.
Read the full press release of the NJC below:
NJC SACKS ONE JUDGE FOR MISCONDUCT – EMPANELS 12 COMMITTEES TO INVESTIGATE JUDICIAL OFFICERS
The National Judicial Council under the Chairmanship of Hon. Justice Olukayode Ariwoola, GCON, at its 104th Meeting of 6 & 7 December 2023 has recommended the compulsory retirement of Hon. Justice S. O. Falola of Osun State High Court from the Bench.
The recommendation was made sequel to the findings of an Investigation Committee in a petition written against His Lordship by Mr Dapo Kolapo Olowo and Polaris Bank for granting a Garnishee Order Absolute against the Bank for the sum of N283,174,000.00 (Two Hundred and Eighty-Three Million, One Hundred and Seventy-Four Thousand Naira) in a questionable and strange manner, and endorsement of the Order, attaching the account of the Garnishee with another garnishee and not the account of the Judgment Debtor who had the legal obligation to pay the supposed judgement sum.
They found that the subject Judge misconducted himself by entertaining Suit No HIK/41/2018 when there was no evidence of a judgement of the Kwara State High Court before him, neither was there a Certificate of Registration of same in Osun State to confer jurisdiction on him.
It further found the conduct of the subject Judge travelling to Lagos to visit the Counsel of the Bank in his Chambers on the issue of Garnishee Proceedings, unbecoming of the standard expected of a Judicial Officer.
Consequently, Council resolved to recommend him to Governor Ademola Adeleke of Osun State for compulsory retirement with immediate effect.
Meanwhile, in the exercise of its disciplinary powers under the 1999 Constitution of the Federal Republic of Nigeria, as amended, the National Judicial Council has suspended Hon. Justice S. O. Falola from office pending the approval of the recommendation of his compulsory retirement by the Osun State Governor.
Council considered the Reports of other Investigation Committees that had concluded their sittings, and dismissed the Petitions written against Hon. Justice Ekaete F. F. Obot, Chief Judge, Akwa Ibom State, Hon Justice Benson C. Anya of High Court Abia State, Hon. Justice Z. B. Abubakar of Federal High Court, Hon
Justice Opufaa Ben-Whyte and Augusta Uche K. Chuku of the High Court of Rivers State, for being unmeritorious, or withdrawal of petition by the Petitioners.
However, Hon Justice A. I. Akobi of the High Court of the Federal Capital Territory is to be issued a letter of guidance to take proper charge and control of his Court.
The Plenary also considered the Report of its three Preliminary Complaints Assessment Committees on 51 fresh petitions written against Federal and State Judicial Officers and decided to constitute 11 Panels to investigate petitions that had merits and dismissed the remaining petitions for being subjudice, having been withdrawn, and the Subject Judges having retired from serviceCouncil also resolved to report A. A. Aribisala, SAN to Legal Practitioners’ Privileges Committee (LPPC) for investigation and disciplinary action, for the unpalatable and derogatory remarks he made against a Judicial Officer and by extension, the NJC in his petition to the Council.
Council considered and declined the request of Governor Ademola Adeleke of Osun State requesting its permission to swear in the next Most Senior Judge in the State in acting capacity, following allegations levelled against Hon. Justice Adepele Ojo, Chief Judge, Osun State and the resolution of the State House of Assembly to suspend him.
The Council affirmed that Hon. Justice Ojo is still the recognised Chief Judge of Osun State, and would not work on the resolution of a State House of Assembly, as it is the only body constitutionally empowered to investigate Judicial Officers and recommend same for any action to the Governor. Consequently, Osun State should revert to status quo.
It also received notification of retirements of seven Judicial Officers and notification of deaths of six serving Judicial Officers of Federal and State Courts.
The Sole Administrator of Rivers State, Vice Admiral Ibok Ete Ekwe Ibas (rtd), has charged the new Secretary to the State Government (SSG), Prof Ibibia Lucky Worika to bring his wealth of experience to bear in governance of the State.
Vice Admiral Ibas (rtd) gave the charge shortly after swearing in the new SSG at the executive chambers of Government House on Wednesday night.
The Administrator who congratulated Prof Worika on his appointment said the choice was not merely an administrative decision but a statement of intent.
Vice Admiral Ibas (rtd) explained that the new SSG has an unparallel expertise in law, policy and international governance, which align perfectly with the mission to restore law, order, integrity and public trust in Rivers State.
He said: “To our new SSG, the task ahead is onerous, but your track record leaves no doubt in our minds that you will prove your mettle. Rivers State needs your intellect, grit and unweaving dedication. Together, we will write a new chapter of progress for this great state.
“Prof Worika’s role will be critical in driving this vision, ensuring that every policy, every decision and every action is in consonance with this administration’s mandate to restore law and order, stabilize the polity and to create the necessary conditions for the restoration of democratic institutions and representations.”
Vice Admiral Ibas (rtd) pointed to his maiden address to Rivers people wherein he emphasised that his administration will be committed to delivering an effective governance that is anchored on transparency, accountability and service.
He therefore, enjoined the new SSG to brace up to the demands of his office, and offer his best service as required while also working cooperatively with civil servants.
Vice Admiral Ibas (rtd) said: “You have no time to settle down. You must roll up your sleeves and get to work with the team.
“Our civil servants with whom we will work closely to run this administration are critical stakeholders and we must work with them to ensure that the state continues to function effectively during this administration.
“To the Permanent Secretaries and civil servants as a whole, once more I will ask your kind cooperation and support as we work to achieve our objectives at this time,” he added.
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I Am One Of You, Sole Administrator Tells Rivers People …Warns Against Violence, Crude Oil Sabotage
The Sole Administrator of Rivers State, Retired Vice Admiral Ibok-Ete Ibas (rtd), has assured residents that he is not in the State as a partisan actor or political competitor but as a stabilising force to restore governance and order.
In a state broadcast yesterday, Ibas, who assumed duty at Government House, Port Harcourt, emphasised his commitment to protecting civil liberties and ensuring the safety of all citizens.
However, he issued a stern warning against crude oil sabotage and violence, urging residents to resist any temptation to return to past hostilities.
“For decades, I have dedicated my life to the service of our great nation—first as the 20th indigenous Chief of Naval Staff and later as Nigeria’s High Commissioner to Ghana. I answered this call out of the need for peace in Nigeria, and most importantly, in Rivers State,” Ibas stated.
Describing the prolonged political impasse as a major setback to governance and democracy, he acknowledged the hardships faced by families and businesses due to the prevailing uncertainty.
“As a son of the Niger Delta, I am one of you. I feel the weight of this crisis on families, businesses, and the future of our people,” he said.
Ibas commended President Bola Tinubu’s decisive action in declaring a state of emergency in Rivers State, stressing that it was a necessary move to restore stability and revive economic activities.
“My mandate is clear: restore law and order, ensure stability, and create an enabling environment for economic growth. But this mission requires collective support from all stakeholders, regardless of political affiliation or ethnicity,” he stated.
He discouraged attacks on oil infrastructure, reminding residents of the devastating environmental and economic consequences of such actions.
“The Niger Delta has moved beyond the destruction of oil facilities. We must resist the temptation to return to those ugly days,” he cautioned.
While pledging to uphold civil liberties and the rule of law, the Sole Administrator warned that lawlessness and violence would not be tolerated.
“We will not act arbitrarily, but we will not hesitate to deal decisively with anyone who threatens the peace and stability of Rivers State,” he declared.
Ibas revealed that he had concluded a State Security Council meeting where strategic measures were outlined to de-escalate tensions and prevent further conflict.
Expressing gratitude to President Tinubu for entrusting him with the responsibility, he also acknowledged the National Assembly for approving the emergency declaration.
“I will work closely with the national leadership under the guidance of the President. I am optimistic that Rivers State will emerge stronger and greater,” he concluded.
The Federal Capital Territory Emergency Management Department has confirmed that 10 persons have died in the truck explosion that occurred near Karu bridge, along the Abuja-Keffi Expressway, on Wednesday.
The FEMD’s Head of Public Affairs, Nkechi Isa, confirmed the numbers in a statement, yesterday.
The Acting Director General of the Emergency Department, Abdulrahman Mohammed, had earlier confirmed that eight persons had died as of yesterday morning, with five confirmed dead on the scene, and four others burnt beyond recognition.
““Five people were taken dead from the scene yesterday (Wednesday). Out of the people that were injured, one died, making six. Then this morning (yesterday), when I asked my people to go round, they discovered that two had already died again, making eight. Four of them from yesterday were burnt beyond recognition.”, he explained.
However, in her statement, Isa said the Head, Forecasting Response and Mitigation of FEMD, Mr Mark Nyam, said eight bodies were deposited at the Karu Hospital Morgue, one body at the Asokoro Distinct Hospital Morgue while another body was deposited at the National Hospital.
He added that some victims had been referred to the Gwagwalada Teaching Hospital, Federal Medical Centre, Keffi, and Cedercrest Hospital Abuja for proper care.
Part of the statement reads, “The FCT Emergency Management Department FEMD can confirm that 10 persons lost their lives to the truck explosion that occurred at Karu bridge along Abuja / Keffi expressway.
“The Head Forecasting Response and Mitigation of FEMD, Mr Mark Nyam said eight bodies were deposited at the Karu Hospital Morgue, one body at the Asokoro Distinct Hospital Morgue while another body was deposited at the National Hospital.”
He informed that over 30 persons suffered various degrees of burns.
“Some of the victims have been referred to Gwagwalada Teaching Hospital, Federal Medical Centre,Keffi and Cedercrest Hospital Abuja for proper care,” he said.
Isa also stated that no fewer than 10 vehicles were burnt during the incident, adding that the FEMD boss after a visit to the incident scene, appealed to motorists to observe traffic rules and regulations.
He also cautioned against reckless driving, dangerous overtaking and poor maintenance of vehicles, while urging FCT residents to always use the 112 emergency toll free number in the event of an emergency.
Meanwhile, barely 24 hours after the incident, another fertiliser-laden truck has collapsed on the same spot.
The Tide learnt that the incidence occurred at about 3:54pm yesterday.
The Head of Public Affairs of the FCT Emergency Management Department, Nkechi Isa, confirmed the accident in a statement, stating that the truck collided with a Hijet and a dump truck, adding that no life was lost.
She cautioned road users to drive with caution as the Federal Road Safety Corps was making efforts to tow away the affected vehicles, to avoid traffic built up.
“Another accident has occurred under Karu bridge along the Abuja-Keffi Expressway. Thankfully, no life was lost to the incident. Our Search and Rescue say the accident occurred when a truck laden with fertilizer ran into a Hijet and a dump truck also known as tipper.
“Motorists are advised to drive with caution as the Federal Road Safety Corps is taking steps to tow away the affected vehicles in order to avoid traffic built up,” the statement read.
Meanwhile, several videos showed some persons trying to clear the fertiliser bags from the fallen truck to ease traffic.