Justice Olotu Drags President Jonathan, NJC To Court Over Compulsory Retirement
JUSTICE GLADYS OLOTU n SAN FRANCISCO, March 05, (THEWILL) - One of the two judges recommended for compulsory retirement last week by the National Judicial Council (NJC), Justice Gladys Olotu of the Federal High Court has dragged the council, President Goodluck Jonathan and two others to court to challenge her suspension.
The NJC had directed the immediate suspension of Olotu and Justice Ufot Inyang of the Abuja High Court and recommended their compulsory retirement by President Jonathan for "gross misconduct.
" President Jonathan was to approve their compulsory retirement last Tuesday.
Justice Olotu , in the suit before Justice Adeniyi Ademola of the Federal High Court, Abuja, is challenging the NJC decision and recommendation as Justice Ademola heard in chambers, a motion ex-parte by which Justice Olotu is seeking leave to apply for an order of certiorari for judicial review of her suspension and recommendation for retirement by the NJC.
Joined in the suit are the Chief Justice of Nigeria (CJN), the Attorney General of the Federation (AGF) and the Chief Judge of the Federal High Court.
Justice Olotu's lawyer, Sunday Ameh (SAN) , who confirmed the proceedings in chambers , said Justice Ademola granted his client's motion and adjourned hearing to March 19.
Ameh said the judge ordered that all parties in the case be served with his client's motion, stressing that the suit is intended by his client to protect her fundamental rights.
He however refused to give further details.
He also denied knowledge that President Jonathan had acted on the NJC's recommendation and retired his client.
Last week, the NJC had, in a statement , said the decision to retire Justice Olotu was informed by its findings on the allegations contained in the petitions against her.
The findings include: That she "failed to deliver Judgment only to deliver same in Suit No.
FHC/UY/250/2003, eighteen months after the final address by all the counsel in the suit, contrary to the constitutional provisions that judgments should be delivered within a period of 90 days;" That she "admitted before the Fact Finding Committee of the Council that investigated the allegations that she forgot she had a pending ruling to deliver in an application for joinder;" That she "entertained a post judgment matter in suit No.
FHC/UY/CS/250/2003 in Port Harcourt after delivering judgment, which made her functus officio;" and That in another case: Suit No.
Justice Olotu failed to deliver judgment twice.