Justice Gladys Olotu one of the two judges whose compulsory retirement was approved by President Goodluck Jonathan on Wednesday, has challenged her retirement at an Abuja Federal High Court.
Olotu, in a motion ex-parte filed before Justice Ademola Adeniyi and heard in chambers, is seeking leave to apply for an order of certiorari for judicial review of her case.
Her counsel, Sunday Ameh, who filed the application on her behalf, said that the suit is intended to protect his client’s fundamental rights.
Joined in the suit as respondents are President Goodluck Jonathan, the National Judicial Council, NJC, the Chief Justice of Nigeria, CJN, Chief Judge of the Federal High Court and the Attorney-General of the Federation.
Justice Ademola fixed hearing in the matter for March 19 and ordered that all parties in the case be served with the motion.
It would be recalled that the NJC had on February 27 recommended Olotu’s compulsory retirement with Justice Ufot Inyang of the FCT High Court to the President over allegations of gross misconduct.
The NJC had in a statement signed by its Head of Information, Soji Oye, said the decision to recommend her for compulsory retirement was informed by its findings on the allegations of gross misconduct contained in the petitions written against her.
Olotu was accused of failing to deliver judgment in a case 18 months after the final address by all the counsel in the suit, contrary to the constitutional provisions that judgments should be delivered within a period of 90 days.
The NJC equally found that she “entertained a post Judgment matter in Suit No. FHC/UY/CS/250/2003 in Port Harcourt after delivering judgment, which made her functus officio.”
It was also established that “in another case, Suit No. FHC/ABJ/CS/505/2012, Justice Olotu failed to deliver judgment twice.”