The Court of Appeal in Abuja has voided the compulsory retirement of Justice Gladys Olotu of the Federal High Court, who was indicted by the National Judicial Council (NJC) for dereliction of duty. In a unanimous judgment on Friday, a three-member panel of the court, led by Justice Peter Ige, held among others, that the process leading to Justice Olotu’s removal was flawed.
Justice Danlami Senchi, who read the lead judgment, held that since the Federal Judicial Service Commission (FJSC) did not recommend that Justice Olotu be compulsorily retired, the recommendation made by the NJC to the President of the Federal Republic of Nigeria in that regard was unlawful, null and void.
Justice Senchi noted that since the FJSC is constitutional empowered to recommend lawyers for appointment as federal judges, its recommendation is also necessary before such a judge could be relieved of his or her appointment.
He proceeded to hold that without the FJSC first recommending a judge for removal, such recommendation by the NJC (as it is in the case of Justice Olotu) and the subsequent acceptance of the recommendation by the President of the Federal Republic of Nigeria are a nullity.
Justice Senchi set aside the earlier judgment by Justice E. N. Agbakoba of the National Industrial Court of Nigera (NICN) which upheld Justice Olutu’s compulsory retirement.
“On the whole, I find the appeal meritorious and it is accordingly allowed. The judgment of the National Industrial Court of Nigeria in suit number NICN/ABJ/380/2016 delivered on 20th day of September 2017 by E. N. Agbakoba J. is hereby set aside.
“Consequently, the decision of the National Judicial Council made in February 2014 recommending to the President, the removal of the appellant, and the approval of the President, acting on the recommendation of the second respondent (NJC), are declared null and void and of no effect whatsoever,” Justice Senchi said.
He was however silent on whether or not she should be recalled. The judgment was on an appeal by Justice Olotu, marked: CA/A/385/2018, which has as respondents, the President, the NJC, Attorney General of the Federation (AGF), the Chief Justice of Nigeria (CJN) and the Chief Judge of the Federal High Court.
