— Says Lagos is the home state of Judge, hence the
possibility of bias
— Says, Its not ruling out possible litigation to compel
reversal
![image](/2021/03/sjk.jpg")
A Non-Governmental Organization under the aegis, Johnbosco Human
Rights Foundation, has faulted the transfer of Hon. Justice A.O
Faji, to the Lagos Division of the Federal High Court, by its Chief
Judge.
![image](/2021/01/payne-alex.jpg")
Recall that the Chief Judge of Federal High Court, Justice John
Tsoho in a circular dated 16th day of March, 2021, reshuffled FHC
judges across the 36 divisions in the country.
The NGO faulted the posting of the Learned Judge via a letter
sighted by Nairalaw titled ‘POSTING OF THE
HONOURABLE JUSTICE A.O. FAJI TO THE LAGOS DIVISION OF THE COURT: A
WRONGFUL EXERCISE OF DISCRETION AND THE COMPELLING NEED TO REVERSE
SAME’.
The said letter which was addressed to the Chief Judge of the
Federal High Court noted that the transfer of the Hon. Justice A O.
Faji to the Lagos Division of the court, which incidentally happens
to be located in Lagos State, the very home state of the Honourable
Judges had the ability to undermine the confidence that would be
reposed in the court, given the large propensity to be biased to
one’s immediate environs.
Also the NGO considered that, the Hon. Justice Nyako [who is the
second most senior Judge of the Court] and not the Hon. Justice
A.O. Faji should be in a better position to serve as administrative
judge of the Lagos division, in line with laid down tradition of
the court.
The letter reads “Our concerns are of two-fold. First, having
perused in-depth the said posting, it is our view that the posting
of the Honourable Justice A.O. FAJI to the Lagos Division of the
Court is a wrongful exercise of discretion that needs to be
corrected without much hesitation on the grounds we would now
proceed to point out.
Firstly, the Honourable Justice A.O. Faji from Lagos State of
Nigeria and practiced extensively in Lagos before his elevation to
the Federal High Court Bench on the 12th day of September, 2002.
While we recognise that the Federal High Court of Nigeria has the
whole country as its territorial jurisdiction, it is also to be
borne in mind that Your Lordship, in posting Judges of the
Honourable Court, is to take deliberate steps in seeing that none
is posted to his state of origin for reasons that are rather too
obvious to mention.
“It is common knowledge that a Judge is more exposed to corrupt
influences, bias and prejudices when presiding within his immediate
locality given the long-standing ties he may have built over the
years during his practice with the people of that particular
community. To bring the lesson closer, Your Lordship would recall
that you have never been posted, by any of Your predecessors in
office, to serve at the Makurdi Division of the Federal High Court
which is your home state. Justice, it is said, is rooted in
confidence.
“The power of our Courts is principally founded on the
confidence of the public in the Court as constituted at any time.
The likely entanglements of My Lord Justice A.O. Faji with the
people of Lagos State who are potential litigants in that
jurisdiction makes it imperative that he is posted out of Lagos
Division without much ado. This will spare him otherwise avoidable
pressure in the discharge of the functions of his office.
“Our second observation is that a Division of this Court such as
Lagos (considered to be the busiest) ought to be administered by a
very senior Judge of this Court. For instance, as the number two in
seniority, Your Lordship was the Administrative Judge of Lagos
Division prior to your posting to the Headquarters Abuja. In this
regard, it is expected that the Honourable Justice B.F.M. Nyako,
for instance, ought to be posted to take charge of Lagos Division,
given her vast experience and seniority.
The NGO however noted that whilst it seeks an amicable
understanding with the Chief Judge, and hope for a reversal of the
decision, it would not fail to explore its legal options, including
litigation, if the decision is not reversed.
“However, in the unlikely event that Your Lordship ignores this
very helpful suggestions, we might consider it a duty on us to seek
appropriate remedies in the Court especially with a view to
ensuring that the Honourable Justice A.O. Faji is removed from the
Lagos Division of the Court in promotion of the highest ideals of
natural justice and protection of the confidence the common man
reposes on our Courts.
“This option we are resolved to initiate, if after seventy-two
hours (72) hours from the service of this letter on Your Office and
you fail, neglect and or refuse to act accordingly,” the letter
stated.
The cardinal objectives of Johnbosco Human Rights Foundation,
among others are: promoting and defending the ideals of democracy,
promoting human rights in Nigeria and promoting and defending the
ideals of Rule of Law.
— Says Lagos is the home state of Judge, hence the
possibility of bias
— Says, Its not ruling out possible litigation to compel
reversal
A Non-Governmental Organization under the aegis, Johnbosco Human
Rights Foundation, has faulted the transfer of Hon. Justice A.O
Faji, to the Lagos Division of the Federal High Court, by its Chief
Judge.
Recall that the Chief Judge of Federal High Court, Justice John
Tsoho in a circular dated 16th day of March, 2021, reshuffled FHC
judges across the 36 divisions in the country.
The NGO faulted the posting of the Learned Judge via a letter
sighted by Nairalaw titled ‘POSTING OF THE
HONOURABLE JUSTICE A.O. FAJI TO THE LAGOS DIVISION OF THE COURT: A
WRONGFUL EXERCISE OF DISCRETION AND THE COMPELLING NEED TO REVERSE
SAME’.
The said letter which was addressed to the Chief Judge of the
Federal High Court noted that the transfer of the Hon. Justice A O.
Faji to the Lagos Division of the court, which incidentally happens
to be located in Lagos State, the very home state of the Honourable
Judges had the ability to undermine the confidence that would be
reposed in the court, given the large propensity to be biased to
one’s immediate environs.
Also the NGO considered that, the Hon. Justice Nyako [who is the
second most senior Judge of the Court] and not the Hon. Justice
A.O. Faji should be in a better position to serve as administrative
judge of the Lagos division, in line with laid down tradition of
the court.
The letter reads “Our concerns are of two-fold. First, having
perused in-depth the said posting, it is our view that the posting
of the Honourable Justice A.O. FAJI to the Lagos Division of the
Court is a wrongful exercise of discretion that needs to be
corrected without much hesitation on the grounds we would now
proceed to point out.
Firstly, the Honourable Justice A.O. Faji from Lagos State of
Nigeria and practiced extensively in Lagos before his elevation to
the Federal High Court Bench on the 12th day of September, 2002.
While we recognise that the Federal High Court of Nigeria has the
whole country as its territorial jurisdiction, it is also to be
borne in mind that Your Lordship, in posting Judges of the
Honourable Court, is to take deliberate steps in seeing that none
is posted to his state of origin for reasons that are rather too
obvious to mention.
“It is common knowledge that a Judge is more exposed to corrupt
influences, bias and prejudices when presiding within his immediate
locality given the long-standing ties he may have built over the
years during his practice with the people of that particular
community. To bring the lesson closer, Your Lordship would recall
that you have never been posted, by any of Your predecessors in
office, to serve at the Makurdi Division of the Federal High Court
which is your home state. Justice, it is said, is rooted in
confidence.
“The power of our Courts is principally founded on the
confidence of the public in the Court as constituted at any time.
The likely entanglements of My Lord Justice A.O. Faji with the
people of Lagos State who are potential litigants in that
jurisdiction makes it imperative that he is posted out of Lagos
Division without much ado. This will spare him otherwise avoidable
pressure in the discharge of the functions of his office.
“Our second observation is that a Division of this Court such as
Lagos (considered to be the busiest) ought to be administered by a
very senior Judge of this Court. For instance, as the number two in
seniority, Your Lordship was the Administrative Judge of Lagos
Division prior to your posting to the Headquarters Abuja. In this
regard, it is expected that the Honourable Justice B.F.M. Nyako,
for instance, ought to be posted to take charge of Lagos Division,
given her vast experience and seniority.
The NGO however noted that whilst it seeks an amicable
understanding with the Chief Judge, and hope for a reversal of the
decision, it would not fail to explore its legal options, including
litigation, if the decision is not reversed.
“However, in the unlikely event that Your Lordship ignores this
very helpful suggestions, we might consider it a duty on us to seek
appropriate remedies in the Court especially with a view to
ensuring that the Honourable Justice A.O. Faji is removed from the
Lagos Division of the Court in promotion of the highest ideals of
natural justice and protection of the confidence the common man
reposes on our Courts.
“This option we are resolved to initiate, if after seventy-two
hours (72) hours from the service of this letter on Your Office and
you fail, neglect and or refuse to act accordingly,” the letter
stated.
The cardinal objectives of Johnbosco Human Rights Foundation,
among others are: promoting and defending the ideals of democracy,
promoting human rights in Nigeria and promoting and defending the
ideals of Rule of Law.