– Confusion Over Reinstatement By NJC Two Years On.

The drama surrounding the dismissal and reinstatement of Honourable Justice R.N. Ofili-Ajumogobia as a Judge of the Federal High Court has taken another dimension with the revelation that her sack in 2018 was as the behest of President Muhammadu Buhari pursuant to recommendations from the National Judicial Council.

In a letter dated November 7, 2018, President Muhammadu Buhari wrote to the Chief Justice of Nigeria informing him about his decision.

The letter is titled: Appointments of one justice of the Supreme Court, a member of the Code of Conduct Tribunal, and dismissals of Hon Mr Justice James T. Agbadu-Fishim, and Hon Mr Justice R.N Ofilii-Ajumogobia”.

President Buhari stated in the letter: “I wish to inform you of my decision, on 6th November 2018 to make the following appointments and dismissals pursuant to recommendations of the National Judicial Council”.

Recall that on the 1st of December, the NJC reinstated Justice Ofili-Ajumogobia as a Judge of the Federal High Court following a High Court Judgement quashing recommendations of the Council that led to her dismissal in 2018.

The decision to reinstate the Learned Judge has been received with mixed reaction amongst pundits with anti-corruption Advocates lambasting the NJC for the decision citing the allegations of corruption with taint the Judge.

A course for concern however is that Justice Ajumogobia was suspended during her travails with the EFCC, and has been deemed purged of all corruption allegations against her, returning to the status quo and making the said recommendation for dismissal of less effect. As such, it is considered that the NJC took cognizance of this in reinstating her as a Judge of the FHC.

Reacting to the reinstatement of the embattled judge senior lawyers and a Lagos-based human rights organisation, Access to Justice (A2J), expressed dissatisfaction over the decision of the NJC.

Access to Justice has called on the NJC to immediately reverse its decision of reinstating Justice Ofili-Ajumogobia.

Access 2 Justice described the reinstatement of Justice Ofili-Ajumogobia, as a brutal, agonising stab on the “Soul and Body” of Nigeria’s Judiciary.

In a statement signed by its Convener, Joseph Otteh said the NJC’s decision to reinstate Justice Ofili-Ajumogobia, in the face of serious and damning accusations against her, which the Council itself investigated and substantiated, is deeply unfortunate.

Otteh expressed concerns over the negative impact of the Council’s decision adding that it will cast a long, dark shadow over the judiciary for a long time to come and amplify questions about whether the Nigerian judiciary can continue to legitimately exercise judicial power.

He said that a judiciary’s legitimacy rests on the pedestal of public confidence and trust. ‘’A judiciary that cannot offer that trust loses the moral authority to sit in judgment over others. By now foisting a Judge with an incredible load of baggage – details of which, by the way, are in the public domain – to sit in judgment over cases involving other people, the NJC pollutes the justice delivery process and violates the rights of litigants to a fair trial before a judge with requisite skills and reputation,’’ the statement said.

According to him the Council’s decision is a grievous, staggering, inconceivable misjudgment and plumbs new depths of ridicule for the judiciary. The decision will further evoke strong concerns about the kind of judiciary Nigeria operates, and whether the NJC as presently constituted, can faithfully function as an accountability and oversight institution.

Otteh said, “The NJC badly managed the Justice Ofili-Ajumogobia case, and the question is why? This is the same Council that found Justice Ofili-Ajumogobia guilty of serious misconduct and recommended her removal. A high court may have quashed its recommendations, as well as ordered the judge’s reinstatement but the NJC had ample opportunity to defend its position with a high court press through appellate corridors.

“Why did the Council capitulate so quickly without a contest? And what does that capitulation say about the seriousness of the NJC in maintaining integrity in the judiciary?

“The NJC’s decision badly tarnishes the image of the Nigerian judiciary and diminishes the image and credibility of all those who serve in the judiciary, including honest, conscientious judges and tars them with the same brush used in fixing Justice Ofili-Ajumogobia’s re-absorption.

“It is such a hugely disappointing decision that it is fitting to ask the government to take another serious look at overhauling the Judiciary to save Nigeria’s judiciary – or what remains of it-, safeguard the rule of law and re-inspire public confidence in the machinery of justice. Access to Justice urges the NJC to immediately rescind its decision to reinstate Justice Ofili-Ajumogobia.”

Dr Misbau Lawal, a law lecturer said in a law platform, “Even if she’s not guilty of any of the criminal allegations, the best in the circumstances would have been to allow her to retire quietly. The mud of what has happened thus far is too much to be splashed back on the bench.

“Now, the NJC may have unwittingly unleashed an avenger on the bench. I did appear before her both in Lagos and Abeokuta, and none of the experiences was anything good to write home about in terms of judicial insolence, arrogance, dereliction of duty, and even more and then, the drama that followed the arrest, detention, trial, etc. All of that should be enough to just allow her to retire in peace. It is a shame on the NJC, a shame on Nigeria, a shame on all those behind this kind of shenanigans.”

A Senior Advocate of Nigeria, Adeyemi Candide-Johnson said, “Administration of justice is rooted in the confidence of the public. A succession of own goals by officeholders in our justice system has severely undermined the credibility of the system of justice. These officeholders have casually surrendered responsibility for personality and we will all suffer for their foolishness.”

Dr Yemi Omodele, who is the principal of Yemi Omodele and Co, on his part stated that the reinstatement of Justice Ofili- Ajumogobia, who was initially relived of her office has been a subject of discuss in the legal profession.

He said, “ With all due respect if it is true that the National Judicial Council has directed her reinstatement as being read online and print media, then NJC must have had a rethink on the initial decision taken.

“I say that the body has embarked on what is called political solution to the affected judge’s problem. This is so because the said judicial officer may soon retire from the bench. Therefore, it is a method that may lead to go home and sin no more.”