*Seeks N868m compensation at ECOWAS Court
*FG queries court’s jurisdiction.
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A judge of the High Court of Federal Capital Territory (FCT), Justice S. E. Aladetoyinbo has sued. the Nigerian Government over allegation that its agency, the National Judicial Council (NJC) violated his fundamentals rights by issuing him a warning letter.
Justice Aladetoyinbo, in the suit he filed before the ECOWAS Court in Abuja, is among others, seeking the enforcement of his rights to fair hearing, dignity of the human person and against torture following a warning letter issued to him by Nigeria’s NJC.
The judge claimed that the letter by the NJC issued to him sometime in 2018 also amounted to the violation of his fundamental rights, right to honour and reputation.
He stated that the warning emanated from a petition to the NJC by dissatisfied judgment debtors in a land dispute that was later upheld by the Supreme Court, which he decided in favour of a judgment creditor.
Justice Aladetoyinbo stated that, upon receiving the petition, the NJC set up an investigative committee to investigate the petition of the judgment debtor even though two separate suits on the same subject matter were pending before national courts of competent jurisdiction.
He said the proceedings before the investigative committee that heard the petition were marred by irregularities specifically, the committee was improperly constituted and the pleadings and overwhelming evidence of the plaintiff were not considered in reaching its decision.
The judge contended that the warning letter emerged from the misapplication of justice and had undermined his integrity, respect, honour and good name built over four decades of excellent discharge of his duties in the service of the defendant, thereby leaving him traumatised and demoralised.
He is praying the court for among others, a declaration that the letter of warning issued and published in different media violated his rights to human dignity, respect, honour and integrity, and an order directing the defendant to issue a formal apology to the plaintiff which should be published in three print media and three broadcast media.
The judge is equally seeking N855,625,000 as cost for general damages and N12,230,750 as cost of litigation.
The Nigerian government has however challenged the jurisdiction of the ECOWAS Court to hear the case.
It also challenged the competence of the ECOWAS Court to interpret provisions of the country’s municipal laws/Constitution.
The defendant stated, in a counter-affidavit, that Justice Aladetoyinbo has responded to the petition in the exercise of the right of reply afforded him by the NJC.
It exonerated the National Judicial Council for being law-abiding in fulfilling its anti-corruption obligation and urged the Court to dismiss the case describing it as frivolous, baseless and an abuse of court process.
When the case came up yesterday, a three-man panel of the court, led by its president, Justice Edward Asante conducted preliminary hearing and adjourned till April 3, 2020 the hearing of the main suit.
Other members of the panel were Justices Gberi-Be Ouattara and Dupe Atoki.
Justice Aladetoyinbo, who were among some judges, who the NJC, in October 2019 dismissed petitions written against them, filed the suit, marked: ECW/CCJ/APP/27/18 on June 14, 2018.
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