Sacking: FG asks court to dismiss Olotu’s suit

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| credits: photo-dictionary.com

President Goodluck Jonathan and the Attorney-General of the Federation, Mohammed Adoke, SAN, have asked an Abuja Federal High Court to strike out a suit filed by Justice Gladys Olotu to challenge her dismissal.

Justice Olotu, a former judge of the Abuja Federal House Court, who was dismissed by the President on the recommendation of the National Judicial Council, had approached the court in a bid to set aside her compulsory retirement.

She sued President Jonathan and the AGF, alongside the NJC, the Chief Justice of Nigeria, Justice Mariam Mukhtar, and the Chief Judge of the Federal High Court, Justice Ibrahim Auta.

But in a notice of preliminary objection filed by their counsel, Taiwo Abidogun, the President and the AGF asked the court, presided by Justice Adeniyi Ademola, to dismiss Justice Olotu’s suit.

They argued that the court lacked the jurisdiction to hear the matter.

Stating the grounds upon which they asked the court to strike out the matter, the President and the AGF noted that, “The substantive matter relates to and is connected with the employment of the applicant, an erstwhile employee of the Federal Government of Nigeria.”

They insisted that the suit should not have been filed at the FHC as Section 254 (c) of the Constitution vested jurisdiction on employment matters on the National Industrial Court.

“The Federal High Court has no jurisdiction over employment matters by virtue of sections 251 and 254 of the 1999 Constitution.

“We are of the humble opinion that this matter is best struck out to save time and cost of both the court and the parties.

“We submit that this matter be struck out for want of jurisdiction and humbly urge your Lordship to so hold,” they argued.

Justice Ademola on Wednesday fixed April 28 to hear the suit.

Justice Olotu was relieved of her duties after the NJC found her guilty of gross misconduct, following investigations into petitions that were brought against her.

However, following the development, she filed a motion, through her counsel, S. I. Ameh, SAN, seeking a judicial review of her suspension and recommendation for retirement by the NJC.

The former judge also asked the court to restrain the President, AGF, NJC and the other defendants from tampering with any benefit or privilege that is due to her as a judge of the Abuja FHC, pending the hearing and determination of her application for a judicial review of her sack.

She was dismissed alongside Justice U. A. Inyang of the Federal Capital Territory High Court.

It would be recalled that on February 27, the Acting Director of Information in the NJC, Soji Oye, had explained in a statement that the Council, headed by the CJN, Justice Aloma Mukhtar, suspended the two judges and forwarded the recommendation for their dismissal to the President at a meeting on February 26.

The recommendation for the compulsory retirement of the two judges was based on findings made by the NJC after investigations into allegations contained in the petitions brought against them.

According to the NJC, Justice Olotu “failed to deliver judgment only to deliver same in Suit No. FHC/UY/250/2003, 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.”

The Council added that 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.”

However, Justice Olotu has debunked the allegations, describing the petition which warranted her suspension and subsequent dismissal as malicious and in bad faith.