NJC Recommends Sack Of Osun Judge, Falola, Warns Another

The NJC found Mr Falola culpable of granting an order garnishee absolute for enforcement of a court judgement “in a questionable and strange manner”.

The National Judicial Council (NJC) has recommended the sack of a a judge of the Osun State High Court, S. O. Falola.

Rising from a meeting on Thursday in Abuja, the NJC chaired by the Chief Justice of Nigeria (CJN), Olukayode Ariwoola, found Mr Falola culpable of granting an order garnishee absolute for enforcement of a court judgement “in a questionable and strange manner.”

The NJC said the Osun State judge erred by entertaining proceedings for enforcement of a judgement purportedly from a Kwara State court “when there was no evidence of a judgement of the Kwara State High Court before him, neither was there a Certificate of Registration of same in Osun State to confer jurisdiction on him.”

Mr Falola was also found wanting for conspiring with some lawyers and court officials to execute a garnishee order without appropriate recourse to the law.

PREMIUM TIMES exclusively broke the story in an extensive report in November 2019, detailing how Mr Falola prostrated before a lawyer who represented Polaris Bank in the suit; seeking pardon.

In a statement released on Thursday by Soji Oye, NJC’s director of information, announcing Mr Falola’s removal from the bench, the council described his conduct as “unbecoming of the standard expected of a Judicial Officer.”

Consequently, the NJC recommended Mr Falola’s sacking to Governor Ademola Adeleke of Osun State.

The NJC is the body statutorily vested with the responsibility of appointment and discipline of judges. But its recommendations of sanctions against an erring judge, requires the approval of the president or the state governor, depending whether it involves a federal or state judge, for such sanctions to take effect.

Read the full statement below

• NJC SACKS ONE JUDGE FOR MISCONDUCT • EMPANELS 12 COMMITTEES TO INVESTIGATE JUDICIAL OFFICERS

The National Judicial Council under the Chairmanship of Hon. Justice Olukayode Ariwoola, GCON, at its 104th Meeting of 6 & 7 December 2023 has recommended the compulsory retirement of Hon. Justice S. O. Falola of Osun State High Court from the Bench.

The recommendation was made sequel to the findings of an Investigation Committee in a petition written against His Lordship by Mr Dapo Kolapo Olowo and Polaris Bank for granting a Garnishee Order Absolute against the Bank for the sum of N283,174,000.00 (Two Hundred and Eighty-Three Million, One Hundred and Seventy-Four Thousand Naira) in a questionable and strange manner, and endorsement of the Order, attaching the account of the Garnishee with another garnishee and not the account of the Judgment Debtor who had the legal obligation to pay the supposed judgement sum.

They found that the subject Judge misconducted himself by entertaining Suit No HIK/41/2018 when there was no evidence of a judgement of the Kwara State High Court before him, neither was there a Certificate of Registration of same in Osun State to confer jurisdiction on him.

It further found the conduct of the subject Judge travelling to Lagos to visit the Counsel of the Bank in his Chambers on the issue of Garnishee Proceedings, unbecoming of the standard expected of a Judicial Officer.

Consequently, Council resolved to recommend him to Governor Ademola Adeleke of Osun State for compulsory retirement with immediate effect.

Meanwhile, in the exercise of its disciplinary powers under the 1999 Constitution of the Federal Republic of Nigeria, as amended, the National Judicial Council has suspended Hon. Justice S. O. Falola from office pending the approval of the recommendation of his compulsory retirement by the Osun State Governor.

Council considered the Reports of other Investigation Committees that had concluded their sittings, and dismissed the Petitions written against Hon. Justice Ekaete F. F. Obot, Chief Judge, Akwa Ibom State, Hon Justice Benson C. Anya of High Court Abia State, Hon. Justice Z. B. Abubakar of Federal High Court, Hon Justice Opufaa Ben-Whyte and Augusta Uche K. Chuku of the High Court of Rivers State, for being unmeritorious, or withdrawal of petition by the Petitioners.

However, Hon Justice A. I. Akobi of the High Court of the Federal Capital Territory is to be issued a letter of guidance to take proper charge and control of his Court.

The Plenary also considered the Report of its three Preliminary Complaints Assessment Committees on 51 fresh petitions written against Federal and State Judicial Officers and decided to constitute 11 Panels to investigate petitions that had merits and dismissed the remaining petitions for being subjudice, having been withdrawn, and the Subject Judges having retired from service.

Council also resolved to report A. A. Aribisala, SAN to Legal Practitioners’ Privileges Committee (LPPC) for investigation and disciplinary action, for the unpalatable and derogatory remarks he made against a Judicial Officer and by extension, the NJC in his petition to the Council.

Council considered and declined the request of Governor Ademola Adeleke of Osun State requesting its permission to swear in the next Most Senior Judge in the State in acting capacity, following allegations levelled against Hon. Justice Adepele Ojo, Chief Judge, Osun State and the resolution of the State House of Assembly to suspend him.

The Council affirmed that Hon. Justice Ojo is still the recognised Chief Judge of Osun State, and would not work on the resolution of a State House of Assembly, as it is the only body constitutionally empowered to investigate Judicial Officers and recommend same for any action to the Governor. Consequently, Osun State should revert to status quo.

It also received notification of retirements of seven Judicial Officers and notification of deaths of six serving Judicial Officers of Federal and State Courts.

Soji Oye, Esq.

Director, Information