NJC Insists It Has Power to Find Justice Gummi Guilty of Gross Misconduct

Tobi Soniyi The National Judicial Council (NJC) has asked the Court of Appeal in Abuja to reverse the judgment of a Federal High Court which set aside the guilty verdict pronounced on a former Chief Judge of the Abuja High Court, Lawal Gummi, by the council for alleged violation of Code of Conduct for judicial officers.

In July 2013, NJC found Gummi guilty of gross misconduct.

The council in a statement issued in Abuja and signed by its spokesman, Mr. Soji Oye, said it also found that Gummi interfered with the execution of a judgment delivered by Justice Jude Okeke, also of the Abuja High Court.

However, while investigation against him was pending before the NJC, Gummi hurriedly resigned and was made the Emir of Gummi in Zamfara State.

He also ran to a Federal High Court in Abuja where he challenged the power and jurisdiction of the NJC to exercise disciplinary control over him on the grounds that he had voluntarily retired from service as a judge.

He also asked the court to issue an order stopping NJC’s probe because two cases were pending in courts in respect of the allegations for which he was being investigated.

In a judgment delivered last month, Justice A. Abdu-Kafarati agreed with Gummi and held that the NJC lacked the disciplinary control over him having voluntarily retired from service as a judge.

NJC was dissatisfied with the judgment and filed a notice of appeal at the Court of Appeal in Abuja.

In the appeal filed by the council’s lawyer, Chief P.O. Jimah-Lasis (SAN), NJC said the trial judge was wrong in his decision.

The notice of appeal read: “The judge misdirected himself in law when he held that Gummi having tendered his letter of voluntary retirement and same acknowledged by the NJC coupled with the fact of payment of three months’ notice of in lieu of notice, the plaintiff ceased to be a serving judicial officer and the NJC cannot exercise disciplinary control over him.”

The council gave the particulars of mis-direction thus: ”The Investigation Committee of NJC was investigating the conduct of the plaintiff as a judicial officer prior to his resignation.

“The NJC has a constitutional duty to investigate complaints against judicial officers for their conduct whilst in service.”

NJC said its power to exercise disciplinary control over judges was not subject to any other control or direction.

The council further argued that the fact that Gummi had resigned did not mean that he did not commit the offence in question while he was a judicial officer.