In an effort to rid the Nigerian judicial system of rot, the National Judicial Council (NJC) has wielded the big stick by recommending compulsory retirement of Justice Mohammed Yunusa and Justice Olamide Oloyede.
The recommendation followed various acts of judicial misconduct levelled against them. Justice Yunusa was of the Lagos Division of the Federal High Court, while Oloyede was of the Osun State High Court,
A statement on Sunday by the NJC’s Acting Director, Information, Soji Oye, confirmed the recommendation. He said 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, Rickey Tarfa, for which Tarfa is currently facing criminal charges at a Lagos High Court. 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.
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 also said Oloyede was sanctioned because of the petition she wrote to the Osun State House of Assembly against the state Governor, Rauf Aregbesola, last year. 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.
“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 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 done in bad faith and was 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.
