NJC appeals judgment restraining investigation of Justice Ademola

The National Judicial Council (NJC) on Monday asked the Court of
Appeal in Abuja to void a judgment delivered by Justice John Tsoho
of the Federal High Court, Abuja, restraining the Council from
proceeding with the investigation of Justice Adeniyi of the same
court, over alleged misconduct.

Justice Tsoho had on July 7 barred the NJC from inviting Justice
Ademola for investigation over a petition filed against him by one
Jenkins Duvie Giane Gwede in 2016, but was later withdrawn by the
petitioner.

The judge, who held that Justice Ademola should not be made to
prove his innocence over a petition that was voluntarily withdrawn
by the petitioner, said NJC’s insistence that Justice Ademola must
appear before it was contrary to the provision of Section 36 (5 and
6) of the Constitution and unlawful.

In a notice of appeal filed before the Court of Appeal, Abuja,
on August 14, for itself and three members of the panel
investigating the petition against Justice Ademola – Justice Umar
Abdullahi (retd), Justice Babatunde Adejumo and Mrs. Rakiya Ibrahim
– the NJC raised 10 grounds of appeal and urged the court to set
aside the judgment.

The Council said Justice Tsoho erred in law by assuming
jurisdiction in the case where the National Industrial Court of
Nigeria has exclusive jurisdiction.

It noted that Justice Ademola being a serving judge was under
its supervision and regulation.

NJC argued that it was performing its supervisory and regulatory
roles by seeking to investigate Justice Ademola on issues relating
to performance of his official duties.

The National Judicial Council (NJC) on Monday asked the Court of
Appeal in Abuja to void a judgment delivered by Justice John Tsoho
of the Federal High Court, Abuja, restraining the Council from
proceeding with the investigation of Justice Adeniyi of the same
court, over alleged misconduct.

Justice Tsoho had on July 7 barred the NJC from inviting Justice
Ademola for investigation over a petition filed against him by one
Jenkins Duvie Giane Gwede in 2016, but was later withdrawn by the
petitioner.

The judge, who held that Justice Ademola should not be made to
prove his innocence over a petition that was voluntarily withdrawn
by the petitioner, said NJC’s insistence that Justice Ademola must
appear before it was contrary to the provision of Section 36 (5 and
6) of the Constitution and unlawful.

In a notice of appeal filed before the Court of Appeal, Abuja,
on August 14, for itself and three members of the panel
investigating the petition against Justice Ademola – Justice Umar
Abdullahi (retd), Justice Babatunde Adejumo and Mrs. Rakiya Ibrahim
– the NJC raised 10 grounds of appeal and urged the court to set
aside the judgment.

The Council said Justice Tsoho erred in law by assuming
jurisdiction in the case where the National Industrial Court of
Nigeria has exclusive jurisdiction.

It noted that Justice Ademola being a serving judge was under
its supervision and regulation.

NJC argued that it was performing its supervisory and regulatory
roles by seeking to investigate Justice Ademola on issues relating
to performance of his official duties.