SENIOR operatives of the judiciary over the weekend commenced intense consultations to save the National Judicial Council (NJC) embarrassing wave of courts reversing more of its disciplinary decisions against judicial officers in the last 22 years.
The Court of Appeal sitting in Abuja threw the system into a tailspin last Friday when it unanimously held that NJC cannot recommend errant judicial officers for punishment without the Federal Judicial Service Commission (FJSC).
It went ahead to void the sacking of a judge of the Federal High Court, Justice Gladys Olotu, based on the February 27, 2014 recommendation of the council.
Since NJC came into existence by the virtue of the 1999 Constitution and began operations in 2000, it has maintained sole power over judges’ discipline, based on the interpretations of its powers as captured in Part one of the Third Schedule of the Constitution.
In its 22 years of operation, it has recommended over a thousand judges for various disciplinary measures, ranging from suspension to compulsory retirement and dismissal. In all of these, FJSC never had any roles to play.
Apart from justices of the Supreme Court, Court of Appeal, Federal High Court and Chief Judges of states, NJC has also recommended a sitting Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, for compulsory retirement, without the input of the FJSC as demanded by the ruling of the Court of Appeal.
By the ruling of the Court, the recommendation prematurely ending Onnoghen’s career as well as all others, in the last 22 years, has become null and void.
The council recommended Onnoghen for compulsory retirement for alleged failure to declare his entire asset as required by the law.
Onnoghen, then the statutory chairman of the council, was suspended by President Buhari and had to retire prematurely when NJC under the interim leadership of the former president of the Court of Appeal, recommended his exit.
President Buhari eventually accepted his resignation.
A top NJC source lamented to the Nigerian Tribune on Sunday that unless a remedy is immediately sought for the controversial ruling, Nigerians should expect a rash of court filings against the council that could easily reverse all the gains of the past years.
It was also learnt that senior operatives of the system, who had commenced consultations, might be meeting today for a way forward.
A retired Supreme Court justice, who currently holds an influential position in the country, had to leave his base on Saturday for Abuja, to continue rallying major stakeholders to save the system. Senior members of the judiciary have also been working on their phones to get senior administrative staff to commence the appeal process as soon as possible.
A worried leader of the system wondered why the court would not weigh the implication of its ruling before delivering it, practically accusing the three-member panel of judicial recklessness. The source challenged the Court of Appeal panel to show the provision in the Constitution that compels FJSC’s participation in the discipline of judges.
“It is clear in the Constitution that NJC has the authority to recommend punishment to the president and governors. FJSC doesn’t have that power. Can two institutions have the same power? Let us even assume that both NJC and FJSC have powers to recommend judges for sanctions, are you saying resources should be spent in the two places, doing the same thing? Is there no reason why the Constitution says FJSC and SJC must recommend to NJC in the course of appointing judges?” the agitated source asked rhetorically.
A top decision-maker in the system is reportedly out of the country and expected today. His return is expected to kick-start the coordination of the system’s response to the controversial ruling. NJC on February 27, 2014, recommended Ms Olotu’s compulsory retirement to former President Goodluck Jonathan over alleged gross misconduct, as claimed in petitions against her. She commenced a judicial action against the decision, which was ultimately carried by the Jonathan administration, leading to her early exit from service.
The Industrial Court of Nigeria (NIC) where she sought refuge also upheld the decision of the Council, in a judgement on September 20, 2017, Ms. Olotu appealed the ruling.
Almost five years after, a reprieve came her way last Friday when the Court of Appeal voided the decision cutting short her career, but was silent on her possible reinstatement.
Though it wasn’t the first time NJC would suffer an embarrassing reversal of its decision, the reason given this time is the trigger for the top operators. In a unanimous decision, the three-member panel of the court, led by Justice Peter Ige held that the process leading to Ms. Olotu’s removal was flawed. Justice Danlami Senchi, who read the lead judgment, held that the recommendation of the FJSC is compulsory and since the same was not present in the process leading to Olotu’s exit, the entire exercise was of no legal and constitutional effect.
Incidentally, Senchi was the Chief Registrar of the Supreme Court between 2003 and 2007.
He further held that the recommendation made by NJC to then-President Jonathan on the matter, was unlawful, null and void because FJSC didn’t participate.
Source: Tribune