The National Judicial Council (NJC) has taken decisive action, recommending the compulsory retirement of Justice S.O Falola, a High Court Judge in Osun State.
The NJC, during its 104th Meeting held in Abuja and presided over by Chief Justice of Nigeria Justice Olukayode Ariwoola, invoked its constitutional powers to address various acts of misconduct in the discharge of judicial duties.
The focal point of the recommendation against Justice Falola centers around the alleged granting of fraudulent orders against the provisions of the law.
Specifically, he was found to have issued a Garnishee Order Absolute against Polaris Bank for the sum of N283,174,000 in a questionable manner, a decision that caught the attention of an investigation committee following a petition by Dapo Kolapo Olowo and Polaris Bank.
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The NJC revealed that the Judge’s actions extended to attaching the account of the garnishee with another garnishee, rather than the account of the Judgment Debtor, who had the legal obligation to pay the supposed judgment sum. Furthermore, the NJC highlighted misconduct related to entertaining a suit without evidence of a judgment from the Kwara State High Court and the unbecoming conduct of traveling to Lagos to visit the Counsel of the Bank.
In response to these findings, the NJC recommended Justice Falola’s compulsory retirement with immediate effect. The recommendation has been submitted to Governor Ademola Adeleke, who is expected to act upon it.
However, in a related development, the NJC declined Governor Adeleke’s request for permission to swear in the next Most Senior Judge in the State in an acting capacity. This request was made following allegations against Justice Adepele Ojo, Chief Judge of Osun State, and a resolution by the State House of Assembly to suspend him.
The NJC affirmed that Justice Ojo remains the recognized Chief Judge of Osun State and emphasized that the State House of Assembly is constitutionally empowered to investigate Judicial Officers and recommend necessary actions to the Governor. Consequently, the Council ordered that Osun State should revert to the status quo.
The NJC established 11 probe panels during its meeting to investigate 51 fresh petitions against other Judicial officers for gross acts of misconduct.