Court cautions NJC Over Gummi's probe

A Federal High Court sitting in Abuja has cautioned the National Judicial Council, NJC, against taking further steps on the probe of former Chief Judge of the Federal Capital Territory, Justice Lawal Hassan Gummi. The embattled former Chief Judge who recently resigned from office to assume office as the Emir of Gummi, in Zamfara state, had dragged the NJC to court following stes taken by the Council to probe him over petitions brought against him. He is challenging the legality of that probe panel set up by the NJC for his probe. The presiding judge, Justice Adamu Bello, ordered parties in the suit to respect the principle of les pendis (pending matter before the court), as anything or decision reached during the pendency of the suit can be reversed or quashed as it will amount to subjudice. "I remind parties in this suit to respect the principles of les pendis, as the court has powers to reverse and quash any decision taken during the pendency of the case", the Judge held. The former Chief Judge's lawyers, Chief Okunade Olorundare and Sam Ologunorisa, both senior advocates of Nigeria, had told the court their client was still being summoned to appear before the NJC probe panel despite the fact that he is no longer a judicial officer having been made the Emir of Gummi in Zamfara State. They sought to move a motion for interlocutory injunction to restrain the probe panel from taken further actions on the matter but the move was opposed by the NJC and other defendants who insisted that the motion was not ripe for hearing. Specifically, Chief Jimoh Lasisi, also a senior advocate of Nigeria and lead counsel to the NJC, while opposing the moving of the interlocutory motion, said that he had just been briefed and just filed his memorandum of appearance and that they needed time to file counter motion. He also told the court that the motion in question was filed and served last Friday and was not ripe for hearing. Gummi's lawyers however maintained that the NJC wrote a letter summoning him to appear before the panel by 12 noon, that is immediately after the court proceedings. Justice Bello in his brief ruling agreed that the motion was not ripe for hearing and declined to give injunction on a motion that has not been heard. He however cautioned parties in the suit to take cognisance of the fact that the matter is before the court and should not take further steps in the investigation. Gummi had sued NJC and six others challenging its competence to subject him to probe, having seized to be a serving judicial officer by reason of his letter of voluntary retirement dated May 13, 2013 and the payment of three months salary in lieu of notice. The former FCT Chief Judge wants the court to declare that the NJC lacked the power or jurisdiction to probe him since the subject matter of the case was pending before an Abuja High Court.

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