The National Judicial Council (NJC) on Tuesday didn’t cease the listening to of a swimsuit filed towards it by a dismissed Judge, Justice Rita Ajumogobia, over her dismissal on the Abuja division of the Federal High Court.
Justice Ajumogobia was dismissed by the NJC in 2018 as a choose of the Federal High Court on grounds of alleged gross misconduct.
Dissatisfied with the NJC’s motion, Ajumogobia instituted an motion on the Federal High Court, Abuja, difficult the method adopted by the fact-finding committee of the NJC that led to her dismissal.
She prayed the courtroom to declare as unlawful, unconstitutional, illegal, null and void the report of the fact-finding committee that really helpful her dismissal.
Among others, the dismissed choose claimed that her elementary proper to a good listening to was breached within the methods and manners she was dismissed from the courtroom bench.
However, the NJC and different defendant’s within the matter filed separate preliminary objections towards the listening to of the swimsuit on the bottom that the Federal High Court has no jurisdiction to entertain such a matter.
The NJC contended that being a labour related matter, the plaintiff should have gone to the National Industrial Court to air her grievances.
The defendants, whereas denying the declare of the denial of truthful listening to by the choose, additional contended that the case was statute-barred having not been instituted inside three months as required by the Public Officers Protection Act.
Specifically, they claimed that Section 2 of the Public Officers Protection Act makes it necessary for such a matter to be instituted inside three months for the matter to be competent.
Justice Ajumogobia in her counter-affidavit had prayed Justice Inyang Ekwo to dismiss the objection to her swimsuit on the bottom that she was difficult constitutionality of her dismissal
In his ruling, Justice Ekwo dismissed all of the objections on the bottom that they had been misplaced and that the declare of the plaintiff misconstrued.
The choose held that Justice Ajumogobia raised constitutional points bordering on denial of a good listening to within the method she was dismissed.
Justice Ekwo additional held that the case of the plaintiff didn’t fall under the supply of the Public Officers Protection Act as claimed by the NJC and as such, was not statute bar.
The choose held that the plaintiff’s declare, being a constitutional matter, can solely be heard by a Federal High Court and never a National Industrial Court as canvassed by the NJC.
The choose mounted April 5, 6 and 7for listening to of the substantive matter.
Other defendants within the matter are the Attorney-General of the Federation, President Muhammadu Buhari, Justice Olufemi Akintan, Justice Ishaq Bello and Justice Julieth Kentu.