The reinstatement of Justice Rita Ofili-Ajumogobia by the National Judicial Council (NJC), after she was sacked on the recommendation of the same council, has expectedly continued to generate mixed reactions and raised posers about the propriety of the extenuating circumstances.
While some are of the opinion that it was the proper thing do to in the circumstance, others, however, believe that the NJC’s action was hasty and calculated to protect its own at the expense of public interest. The underlying theme, however, is that the judge of the Federal High Court was let off the hook of grave allegations of wrongdoing against her without exhaustive proceedings to prove her innocence, as she was neither prosecuted nor discharged on merit.
In Justice Nganjiwa’s case, the Court of Appeal had held that a serving Judge cannot be prosecuted by the EFCC or any prosecutorial agency unless the Judge had first been probed by the NJC, found guilty and dismissed.
Consequently, the Chief Judge of the Federal High Court, Justice John Terhemba Tsoho, by a circular dated December 5, 2022, announced that the NJC has reinstated Justice Ofili-Ajumogobia. However, this action has thrown up fundamental legal issues deserving of due consideration. Maintaining a different stance, Chief Mike Ozekhome, SAN, commended the NJC for its “uncommon act of observance of due process and the rule of law” by restoring Justice Ofili-Ajumogobia to her former position.
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