 |
| National Judicial Council (NJC) Logo |
The National
Judicial Council (NJC), under the chairmanship of Acting Chief Justice of
Nigeria, Justice Walter Onnoghen, has recommended the dismissal of Justice Ugbo
Ononogbo of the Abia State High Court of Justice and the compulsory retirement
from office of Justice Nasir Gummi of Zamfara State High Court of Justice with
immediate effect.
A statement issued yesterday by NJC’s Director of Information, Soji Oye, said the decision to recommend the sack of Justice Ononogbo, which was reached at its 80th meeting held on December 14 and 15, was based on the findings by the Council on petition written against him by Mr. Urum Udensi Ifegwu.
The petition read:
“That in a suit No: HOH/25/2013; Mrs. Nnenna Enweliku and 4 Ors Vs Udensi Dike
Udensi and 2 Ors, made a blanket order for the payment of unascertained amount
as Estate fee from the Access Bank Account of late Lord Chief Dike Udensi
Ifegwu to the Probate Registrar of the High Court.
“The Assistant
Chief Registrar, Probate Division of the Court, Mr. Udeka U. C. was said to
have altered the order of the Judge in a letter to Access Bank requesting the
bank to release the sum of N200 million into the personal account of E. M.
Ojiako, Esq, Counsel to the Applicant in the Suit, a request which the bank
refused to honour.
“The Judge also
granted a second Order to vacate the first Order, directing the bank to pay any
money assessed by the Probate Registrar for the Estate fee of late Lord Chief
Dike Udensi Ifegwu into the personal account of E. M. Ojiako, Esq, without ascertaining
the assessment made by the Probate Registrar.
“Out of the N200
million withdrawn as a result of the second Order, E. M. Ojiako, Esq only paid
the sum of N83 million to the Probate Registry.
“That there were
discrepancies between the representations of parties in the Order made by the
Respondent and the representation of parties in the Record Book of the Court to
which Justice Ugbo Ononogbo admitted that he did not vet the Order before
signing same and that it was an oversight.”
Aside recommending
the dismissal of Justice Ononogbo to the Governor of Abia State, NJC also
recommended that the Judge, the Assistant Chief Registrar, Probate Division of
Abia State High Court, Udeka N. C., and E. M. Ojiako, Esq be handed over to the
Police for investigation.
The Council also
decided to report E. M. Ojiako, Esq to the Nigeria Bar Association (NBA)
Disciplinary Committee for investigation. The Abia State
Judicial Service Commission is expected to take appropriate action against the
Assistant Chief Registrar, Probate Division, Udeka N. C after investigation of
the allegations.
Also, Justice
Gummi was recommended for compulsory retirement from office to Zamfara State
Governor, Abdul Aziz Yari Abubakar, following the findings of Council on allegations
brought against him.
The petition held
“that the Judge failed to deliver judgment in Suit No: ZMS/GS/13/2013, Chiroma
Vs Forte Oil Plc, almost 23 months after the final address by all Counsel in
the Suit, contrary to the constitutional provisions that judgments should be
delivered within a period of 90 days. “That the judgment
in the Suit was altered by changing the word “dismissal” to “struck out” to
which his Court Registrar, Hayatu Wadata Bungudu, admitted was done by him,
after which he informed the Judge on phone, as he was out of the state at the
time. “That the Judge
assumed jurisdiction in the matter by a ruling, only to dismiss the same action
22 months after, for lack of jurisdiction, after the cause of action had
lapsed.”
The Council said
it would write to the Zamfara State Judicial Service Commission to take
appropriate action against Bungudu for altering his judgment. Council at the
meeting also resolved to issue a letter of strong warning to Justice D. O.
Oluwayemi of Lagos State Judiciary for granting an Ex-parte Order in Suit No:
LD/2393LMW/16, relying on an affidavit of urgency, which disclosed no threat of
destruction of rights or interest in the subject matter of the dispute without
putting the other party on notice.
“Another letter of
warning will be issued by the Council to Justice M. A. Savage of High Court of
Lagos State for holding discussions with Complainant’s Counsel in Suit No:
LD/179/2000, which he had judicially acted upon, and for serving as a bridge
between him and the other party’s Counsel.”
The allegations against Justices Ononogbo and Gummi constitute misconduct, contrary to Sections 294 (1) and (6) of the 1999 Constitution and Rules 3 (i), 11(ii) and 2 of the NJC Revised Code of Conduct for Judicial Officers.
Meanwhile, NJC, in the
exercise of its disciplinary powers under the 1999 Constitution, has suspended
Justices Ononogbo and Gummi from office with immediate effect, pending the
approval of the recommendations of the Council for their dismissal and compulsory
retirement, respectively, from office by their respective state governors.
Source: The Guardian