The recommendation by the National Judicial Counciil, NJC, for the compulsory retirement of Justice Gladys Olotu and Justice U.A. Inyang of the Federal High Court and FCT High Court respectively has been approved by President Goodluck Jonathan.
The attorney-general of the federation and minister of Justice, Mohammed Adoke, made the disclosure on Tuesday at the Presidential Villa in a news conference with State House correspondents.
It would be recalled that the two judges were last Wednesday suspended for gross misconduct by the National Judicial Council, NJC.
The Council, presided over by the Chief Justice of Nigeria, Justice Maryam Aloma Mukhtar, had forwarded a recommendation for their compulsory retirement to the President.
Adoke said that the President approved the compulsory retirement of the judges which took effect on Monday.based on the NJC recommendation
The NJC explained that the decision to recommend the retirement of the two justices was taken at the Council’s meeting of February 26 after a thorough investigation on petitions on allegations of gross misconduct levelled against them.
The NJC found that Justice Olotu failed 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.”
Also, it said Justice Olotu admitted before the fact finding committee of the Council that investigated the allegations that she forgot she had a pending ruling to deliver in an application for joinder.
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.”
In the case of Justice Inyang, the NJC said he “included in his judgment, references to the Garnishee Proceedings, which came after the judgment had been delivered on December 20, 2011.”
He “also included the name of the counsel for Federal Road Maintenance Agency, Chief Chukwuma Ekomaru, SAN, who came into the matter after the judgment of December 20, 2011 was delivered.”
Justice Inyang was also accused of “recklessly signed a Writ of Execution, a day after delivering his judgment of December 20, 2011, the same day a notice of appeal and motion on notice for stay of execution were filed.”
“The judge continued with the Garnishee Proceedings despite application for stay of execution; and before delivering his judgment of December 20, 2011, Justice Inyang ignored a properly filed motion on notice for leave to file additional witness statement on oath,” the NJC added.