Jonathan, Mukhtar Want Olotu’s Suit Dismissed

JUSTICE GLADYS OLOTU

BEVERLY HILLS, CA, March 19, (THEWILL) – President Goodluck Jonathan and the Chief Justice of Nigeria (CJN) Justice Aloma Mukhtar, Wednesday, asked a Federal High Court sitting in Abuja to dismiss a suit brought by a recently retired judge of the court, Justice Gladys Olotu, on the ground that the was not the proper place for the resolution of employment-related disputes. The request was made in a preliminary objection filed by the President and the CJN against Olotu’s suit in which she is asking for a judicial review of her retirement by the National Judicial Council (NJC).

Other respondents in the suit are the NJC, the Attorney General of the Federation and the Chief Judge of the Federal High Court.

President Jonathan and Muktar said the substance of the case relates to the employment of the plaintiff, who until her compulsory retirement, was a staff of the Federal Government. Arguing that section 254(C) of the Constitution vested jurisdiction on employment matters on the National Industrial Court (NIC), they further argued that by virtue of the provisions of sections 251 and 254 of the Constitution, the Federal High Court lacked the powers to hear and determine cases relating to employment issues.

“The provisions of sections 251 and 254 of the 1999 Constitution (as amended) are quite clear on the issue of jurisdiction. Both sections provide that the Federal High Court has no jurisdiction in employment matters and exclusively granted such jurisdiction on the National Industrial Court,” the President and the CJN argued in a submission by their counsel, Taiwo Abidogun.

NJC , which suspended Justice Olotu on February 27 on ground of “gross misconduct,” also recommended her to President Jonathan for compulsory retirement.

President had since confirmed Olotu’s retirement but not satisfied with her sack, Justice Olotu took her case to the Federal High Court to challenge her compulsory retirement.

The ex-parte application she filed was granted on March 5 in which she prayed among others, for leave to ” apply for judicial review, seeking an order of prohibition and certiorari to remove into this court, for the purpose of being quashed, the recommendation of the respondents (NJC) that the applicant be compulsorily retired.”

The court also ordered that the leave so granted should act as stay of all actions relating to the case until the determination of the applicant’s application for judicial review.

But on Wednesday, Olotu’s counsel, D. M. Idoko told the court that he was just served with the objection by the President and the CJN thereby seeking for time to enable him respond.

On his part, Abidogun also sought time to enable him respond to the applicant’s main suit.

NJC counsel, Phillips Jimoh-Lasisi (SAN), also said he was just served with court processes in relation to the case and equally sought time to enable him file the necessary papers.

Presiding judge, Justice Adeniyi Ademola, therefore adjourned to April 28 for hearing.