Court upholds NJC’s sack of Justice Olotu

The National Industrial Court has ruled that the National Judicial Council (NJC) did not breach the rule of natural justice in recommending Justice Gladys Olotu of the Federal High Court for compulsory retirement.

The plaintiff sued the NJC, Attorney General of the Federation, Chief Justice of Nigeria and Chief Judge of the Federal High Court praying for an order of the court to prohibit the defendants from carrying out the recommendation for her compulsorily retirement, as a judge based on her indictment for dereliction of duty. She alleged that due process of law was not followed.

In the suit filed and argued on her behalf by her lawyers, Dr Alfred Eghobamien (SAN), Ladi Rotimi-Williams (SAN) and Sunday Ameh (SAN), the plaintiff claimed that Section 36 of the 1999 constitution was breached by the NJC and its investigative panels in arriving at their recommendation.

She further contended that the petition against her bordered on failure to deliver a judgment within 90 days and not on misconduct that could carry heavy punishment, such as compulsory retirement.

In its defence, the NJC claimed that six petitions containing various allegations against the plaintiff were received and that copies were made available to her, requesting her reaction to the allegations which she did.

The NJC claimed that two different Investigative Panels were set up and at the end of their investigations into the petitions; the plaintiff was found culpable and recommended for removal from office.

In her judgment on the suit, Justice Edith Agbakoba held that the investigation panel of the NJC followed the laid down procedures in their recommendations that Justice Olotu be compulsorily removed from office.

Dissatisfied with the judgement of the Industrial Court, Justice Olotu has approached the Court of Appeal in Abuja with a notice of appeal praying the appellate court to set aside the decision of the Industrial Court on the grounds of miscarriage of justice.