For daring to write a petition against the Osun State Governor, Rauf Aregbesola, Justice Olamide Folahanmi Oloyede of the High Court of Justice, Osun State has been recommended for compulsory retirement by the National Judicial Council.
The council also stated that Justice Mohammed Nasiru Yunusa of the Federal High Court, of Lagos Division has also been kicked out of the bench for alleged misconduct.
Pending the time President Muhammadu Buhari and Governor Rauf Aregbesola of Osun State will confirm the compulsory retirement, NJC, in the exercise of its disciplinary powers under the 1999 Constitution of the Federal Republic of Nigeria, as amended, has suspended the two judges.
A statement issued on Sunday in Abuja by the council’s Acting Director of Information, Mr Soji Oye, said the “council, under the Chairmanship of the Hon. Chief Justice of Nigeria, Hon. Justice Mahmud Mohammed, GCON, at its 77th Meeting which was held on 15th July, 2016 recommended the compulsory retirement from Office of Hon. Justice Mohammed Nasiru Yunusa of the Federal High Court, of Lagos Division and Hon. Justice Olamide Folahanmi Oloyede of the High Court of Justice, Osun State.
“Justice 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 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 Offence Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) from arresting, investigating and prosecuting some persons accused of corruption in the following 7 cases:-
FHC\L\CS\1471\2015:- between Simon John Adonimere & 3 Ors Vs. EFCC;
FHC\L\CS\477\14:- FRN V Michael Adenuga;
FHC\L\CS\1342\15:- Senator Stella Odua Vs. AG Federation, EFCC, ICPC & IGP;
FHC\L\CS\1285\15:- Jyde Adelakun & Anor Vs. Chairman EFCC & Anor;
FHC\L\CS\1455\:- Dr Martins Oluwafemi Thomas Vs. EFCC;
FHC\L\CS\1269\15:- Hon Shamsudeen Abogu Vs. EFCC & Ors; and
FHC\L\CS\1012\15:- Hon. Etete Dauzia Loya Vs. EFCC.”
The statement said that during deliberations council found as follows: “That Justice Yunusa assumed jurisdiction in Federal High Court Lagos in Suit FHC\L\CS\1342\15 wherein the infringement of the applicant’s right occurred in Abuja contrary to Section 46 (1) of the 1999 Constitution of Nigeria (as amended)
“That His Lordship contravened Rule 3. 1 of the Code of Conduct for Judicial Officers in Suit FHC\L\CS\1445\15 by claiming ignorance of the provisions of the Money Laundering Act when he made an Order stopping EFCC from carrying out Investigation into a money laundering case involving $2.2m (Two Million, Two Hundred Thousand Dollars) against the applicant.
“That Hon. Justice Yunusa’s decision restraining the anti-graft agencies from carrying out their statutory functions in the first six cases mentioned earlier is contrary to the Judgement of the Court of Appeal in A.G Anambra State Vs. UBA which His Lordship quoted but did not apply in his rulings.”
On the allegations levelled against Hon. Justice Olamide Folahanmi Oloyede of High Court of Justice, Osun State , by Osun Civil Societies Coalition, the council also recommended her for compulsory retirement from Office to the Osun State Governor sequel to the ‘findings’ of its Facts Finding Committee that:
the 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/organizations.
The petition written by the judge was said to contain political statements, unsubstantiated allegations and accusations aimed at deriding, demeaning and undermining the Government of Osun State, the person and character of the governor (as one who is cruel, a liar and a traitor), his Deputy and aides.
The council also found that the petition also contained statements calculated to incite the residents of Osun State against the State Government and its elected Officers.
NJC said: “Justice Oloyede crossed the fundamental right of freedom of speech and created a negative perception of the Nigerian Judiciary to the public.”
