OSUN (Sundiata Post) – The National Judicial Council has recommended the compulsory retirement of Hon. Justice S. O. Falola of the Osun State High Court from the Bench.
The recommendation was made sequel to the findings of an Investigation Committee over a petition against him.
The petition was written against Justice Falola by Dapo Kolapo Olowo and Polaris Bank for granting a Garnishee Order Absolute against the Bank for N283,174,000.00 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, nor 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, the Council resolved to recommend him to Governor Ademola Adeleke of Osun State for compulsory retirement with immediate effect.
In the exercise of its disciplinary powers under the 1999 Constitution of the Federal Republic of Nigeria, as amended, the NJC suspended Falola from office pending the approval of the recommendation of his compulsory retirement by the Osun State Governor.
The case of Justice Falola was one of the decisions taken by the NJC, with the Chief Justice of the Federation, Justice Olukayode Ariwoola, as Chairman at its 104th Meeting on December 6 and 7, 2023.
Council also considered the reports of other Investigation Committees that had concluded their sittings.
It 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 the withdrawal of the 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 the Legal Practitioners’ Privileges Committee 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 Adeleke 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 her.
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 the same for any action to the Governor.
