NJC appeals nullification of ex-CJ’s indictment

The National Judicial Council has faulted the judgment of a Federal High Court in Abuja, which quashed the indictment of a former Chief Judge of the Federal Capital Territory, Justice Hassan Gunmi (retd.), who was found guilty of misconduct.The NJC’s opposition to the judgment delivered by Justice Abdukadir Abdu-Kafarati on March 17, 2015, is contained in a six-ground notice of appeal filed before the Abuja Division of the Court of Appeal.The appeal was jointly filed by the NJC; the Chairman of the panel that investigated Gunmi, Justice P.O Aderemi; and the panel members – Justice V. N. Nebo, Justice Olatokunbo Olopade and the secretary of the NJC.The NJC had found Gunmi, who is now the Emir of Gunmi in Zamfara State, guilty of interference with the execution of the judgment delivered by another judge of the FCT High Court, Justice Jude Okeke.After the NJC set up the panel to investigate the allegation against him, the former CJ had filed the suit before the Federal High Court in Abuja, challenging the power of the panel to investigate him.He also voluntarily retired before the investigative panel could arrive at its finding.In its verdict after investigation into the allegation against Gunmi, the NJC said it would have sacked him had he not earlier voluntarily retired.But in its judgment in Gunmi’s suit, Justice Abdu-Kafarati had set aside the indictment of the former CJ on the grounds that the NJC ceased to have disciplinary control over the ex-judge after he had tendered his resignation letter and same acknowledged by the NJC.Dissatisfied with the judgment, the NJC, in its notice of appeal filed on April 23, 2015, contended that Justice Abdu-Kafarati erred and misdirected himself in law.The council, which anchored its appeal on six grounds, maintained that the Federal High Court lacked jurisdiction to entertain the suit in the first place and that the suit was premature because the investigating committee had made no decision on the allegation against the plaintiff as of the time he instituted the action.“By virtue of section 254(c)(1) of the constitution of the Federal Republic of Nigeria (Third Alteration) Act 2011, the jurisdiction of the Federal High Court under section 251 (1)(q) of the Constitution of the Federal Republic of Nigeria 1999 has been ousted in matter relating or connected with employment,” the notice of appeal read in part.The appellant also faulted the judgment on the grounds that the judge was wrong to hold that the plaintiff,having tendered his letter of resignation to the NJC and same acknowledged by the council, had ceased tobe a judicial officer and so the NJC could no longer exercise disciplinary control over him.The notice of appeal read in part, “The investigation committee of the National Judicial Council was investigating the conduct of the plaintiff as a judicial officer prior to the plaintiff’s letter dated May 13, 2013.“The National Judicial Council has a constitutional duty to investigate complaints against judicial officersfor their conduct whilst in service.”In its fifth ground of appeal, the NJC faulted the judgment for concluding that the petition against Gunmi contained the same facts as those in two pending suits thus implying that the NJC should have suspended actions on the petition until the two suits had been determined by the doctrine oflis pendis.It argued, “The doctrine oflis pendiswill not apply in the circumstances of this case“The first to 4th and 7th defendants are not parties to the said two suits.“There was no order served on the 1st to 4th and 7th defendants restraining them from performing the constitutional duty imposed on the 1st defendant.”It concluded in its sixth ground of appeal that “the judgment is against the weight of evidence” and therefore asked the court to allow its appeal and strike out the plaintiff’s suit or dismiss his claims.No date has been fixed for the case.