National Judicial Council V. Hon. Justice Iyabo Yerima & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH E. EKANEM, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of Federal Ahigh Court, Abuja (Coram. Adamu Bello, J.) delivered on 29th January, 2011 in suit No. FHC/ABJ/CS/351/2008. The Court (hereinafter referred to as “the lower court”) granted the claims of the plaintiff (1st respondent in this appeal) and among other reliefs declared the recommendation of the 1st appellant for removal of the 1st respondent from her office as a Judge as illegal, unlawful and unconstitutional on account of violation of her right to fair hearing.

Aggrieved by the decision, the appellant has appealed to this court by way of a notice of appeal containing four grounds of appeal.

It is necessary for me to state the facts of the case leading to this appeal.

Two petitions were written against the 1st respondent in her capacity as a judge of the Oyo State Judiciary. The first one was signed by Adebayo Shittu, ESQ: in his capacity as the Attorney-General and Commissioner for Justice, Oyo State. The second was by an organisation known as the committee for the Defence of Rule of Law in Oyo State.

The petitions raised allegations bordering on corruption and incontinent behaviour. Upon receipt of the petitions, the appellant brought them to the 1st respondent’s notice, requesting her to respond in writing. She did so.

The appellant set up an investigation committee to look into the allegations in the petition. At the end of the process, the committee recommended her removal from office. The appellant accepted the recommendation and wrote to the 2nd respondent accordingly.

When the appeal came up for hearing, Counsel for the appellant and 1st respondent adopted their briefs of argument.

In his brief of argument, Rotimi Oguneso (SAN) of counsel, for the appellant, formulated two issues for the court’s determination of the appeal. The issues are;

“1. Whether having regard to the facts of this case as disclosed in the pleadings and evidence led, the trial court was correct when it held that the plaintiff was not afforded a fair hearing by the investigation committee of the appellant,

2. Whether having regard to the pleadings filed especially the plaintiff’s statement of claim, and the 1st defendant’s statement of defence, the trial court was right in allowing the 1st defendant (sic; 2nd defendant) to lead evidence in the way and manner it did throughout the trial and whether such evidence led did not embarrass the 1st defendant and unduly prejudice its case”.

On his part, Dr Alex Izinyon (SAN) of counsel for the 1st respondent formulated the following issues for the court’s determination of the appeal;

“1. Whether the learned trial Judge was right when he held that the 1st Respondent was not afforded a fair hearing by the Appellant’s investigation committee when the petition dated 9th May, 2007 written by the Attorney General of Oyo State against the 1st Respondent signed by Barrister Adebayo Shittu in his official capacity having been withdrawn by the subsequent Attorney General of Oyo State Barrister Michael Lana the said petition still form the basis of any complain or petition.

2. Whether there was any petition/complain before the Appellant’s investigation committee against the 1st Respondent having regards to the facts of this case as disclosed in the pleadings and evidence led.
3. Whether having regard to the 2nd Defendant’s statement of defence filed, the 2nd defendant had the right to lead evidence in the suit.

It should be mentioned that the 2nd respondent did not file a brief of argument.

It is my view that the issues formulated by appellant’s counsel are more precise than the issues formulated by 1st respondent’s counsel. I shall therefore adopt the issues formulated by him in determining this appeal.