The National Judicial Council (NJC) has suggested the compulsory retirement of Justice S.O. Falola from the Osun State High Court, as revealed in a statement issued on Thursday. The recommendation stems from an investigation committee's findings based on a petition filed against the judge by Dapo Olowo and Polaris Bank.
The petition highlighted Mr. Falola's issuance of a garnishee order absolute against Polaris Bank for N283,174,000.00 in what was described as a "questionable and strange manner." Notably, the judge attached the order to the account of a garnishee unrelated to the judgment debtor, who was legally responsible for settling the purported judgment sum.
The investigative committee determined that Justice Falola engaged in misconduct by presiding over suit No HIK/41/2018 without evidence of a judgment from the Kwara State High Court or a registration certificate in Osun conferring jurisdiction. Additionally, it was discovered that the judge traveled to Lagos to visit the bank's counsel in connection with the garnishee proceedings, a behavior inconsistent with the expected standards for a judicial officer.
Consequently, the NJC recommended the immediate compulsory retirement of Justice Falola to Governor Ademola Adeleke. In the exercise of its disciplinary powers under the amended 1999 Constitution, the NJC suspended Mr. Falola from office pending the governor's approval of the retirement recommendation.
The council also addressed reports from other investigation committees that dismissed petitions against judges such as Ekaete F. F. Obot, Benson C. Anya, Z. B. Abubakar, Opufaa Ben-Whyte, and Augusta Uche K. Chuku. Justice A. I. Akobi of the Federal Capital Territory High Court will receive a letter of guidance to assume proper control of his court.
Furthermore, the NJC considered the reports of three Preliminary Complaints Assessment Committees on 51 new petitions against federal and state judicial officers. It decided to establish 11 panels to investigate meritorious petitions, dismissing others for being subjudice, withdrawn, or involving judges who have retired.
The council also opted to report A.A. Aribisala to the Legal Practitioners’ Privileges Committee (LPPC) for his derogatory remarks against a judicial officer and the NJC in his petition.
Additionally, the NJC declined Governor Adeleke's request to swear in the next most senior judge in Osun in an acting capacity following allegations against Justice Adepele Ojo, the Osun chief judge. The council affirmed Mr. Ojo as the recognized chief judge, urging Osun to revert to the status quo as the State House of Assembly is constitutionally empowered to investigate judicial officers and make recommendations to the governor.
The NJC also received notifications of the retirements of seven judicial officers and the deaths of six serving judicial officers in federal and state courts.
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