TheCable

Access to Justice, a civil society organisation, has criticised the National Judicial Council (NJC) for reinstating Rita Ofili-Ajumogobia as a federal high court judge.

In 2018, the NJC dismissed Ofili-Ajumogobia from the service of the Federal Judicial Service Commission (FJSC) on the grounds of alleged judicial misconduct.

Prior to that, the Economic and Financial Crimes Commission (EFCC) had arraigned the judge on charges bordering on money laundering and breach of public trust in 2016.

However, Hakeem Oshodi, judge of a Lagos high court, struck out corruption charges against her on the grounds that the court lacked jurisdiction to hear the suit.

In November 2021, another judge of a federal high court in Lagos, Ambrose Lewis-Allagoa, quashed other criminal charges against the judge.

Consequently, the NJC reinstated Ofili-Ajumogobia on December 1, 2022.

In a statement on Sunday, Joseph Otteh, covener of Access to Justice, said the NJC’s decision is “deeply unfortunate”.

“The council’s decision will cast a long, dark shadow over the judiciary for a long time to come and amplify questions whether the Nigerian Judiciary can continue to legitimately exercise judicial power,” the statement reads.

“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 fair trial before a judge with requisite skills and reputation.

“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 is operates, and whether the NJC as presently constituted, can faithfully function as an accountability and oversight institution.

“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?

“Access to justice urges the NJC to immediately rescind its decision to reinstate justice Ofili-Ajumogobia.”