The National Judicial Council (NJC) on Monday asked the Court of Appeal in Abuja to void a judgment delivered by Justice John Tsoho of the Federal High Court, Abuja, restraining the Council from proceeding with the investigation of Justice Adeniyi of the same court, over alleged misconduct.
Justice Tsoho had on July 7 barred the NJC from inviting Justice Ademola for investigation over a petition filed against him by one Jenkins Duvie Giane Gwede in 2016, but was later withdrawn by the petitioner.
The judge, who held that Justice Ademola should not be made to prove his innocence over a petition that was voluntarily withdrawn by the petitioner, said NJC’s insistence that Justice Ademola must appear before it was contrary to the provision of Section 36 (5 and 6) of the Constitution and unlawful.
In a notice of appeal filed before the Court of Appeal, Abuja, on August 14, for itself and three members of the panel investigating the petition against Justice Ademola – Justice Umar Abdullahi (retd), Justice Babatunde Adejumo and Mrs. Rakiya Ibrahim – the NJC raised 10 grounds of appeal and urged the court to set aside the judgment.
The Council said Justice Tsoho erred in law by assuming jurisdiction in the case where the National Industrial Court of Nigeria has exclusive jurisdiction.
It noted that Justice Ademola being a serving judge was under its supervision and regulation.
NJC argued that it was performing its supervisory and regulatory roles by seeking to investigate Justice Ademola on issues relating to performance of his official duties.