Access to Justice, a respected civil society organisation has rightly condemned the purported reinstatement of Mrs Rita Ofili-Ajumogobia as a Judge of the Federal High Court. In a well-worded press statement, Access to Justice rightly observed that
"The NJC’s decision to reinstate Justice Ofili-Ajumogobia, in the face of serious and damning accusations against her, which the Council itself investigated and substantiated, 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."
According to Access to Justice, "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 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.”
It is not in dispute that Mrs Rita Ofili-Ajumogobia's purported reinstatement as a Judge is based on the judgment of the Honourable Justice Binta Nyako which had set aside her suspension by the National Judicial Council. But another Judge of the Federal High Court, Justice R. Aikawa had ruled that the President has dismissed her as a Judge on the basis of the recommendation of the National Judicial Council.
Since the President has dismissed Mrs Rita Ofili-Ajumogobia as a Judge of the Federal High Court and her dismissal has not been challenged by her where then has the National Judicial Council acquired the powers to overrule the President and reinstate her? Under what law or rule has the National Judicial Council quashed the judgment of the Federal High Court which has confirmed her dismissal from the federal judicial service? Why did Mrs Rita Ofili-Ajumogobia not appeal against the judgment of Justice Aikawa on her dismissal as a Judge of the Federal High Court?
We are compelled to call on President Muhammadu Buhari not to allow the National Judicial Council to overrule him and reinstate a dismissed Judge. The National Judicial Council must not be permitted to set a dangerous precedent in an attempt to cover up a Judge that has been exposed in a public trial as fantastically corrupt. How will members of the public have confidence in the Federal High Court if the judicial officers presiding cases in the court are people of questionable character? One of the allegation at her trial is that she collected a bribe of N12 million from the Comptroller-General of Customs in order to fix a case for the organisation. Are Judges no longer expected to be above board like Caesar's wife?
It is embarrassing that the National Judicial Council did not envisage the fact that the judgments and proceedings of the court presided over by Mrs Rita Ofili-Ajumogobia are going to be set aside on the ground that she has been dismissed from the federal judicial service. The costly implication is that all appeals against the 'Judge'organiserl be set aside by the Court of Appeal. Indeed, some lawyers and litigants will pray not to have their cases assigned to her court.
Peter Adefemi