A Federal High Court in Abuja has set aside the indictment of former Chief Judge of the FCT High Court, Justice Lawal Gummi by the National Judicial Council (NJC).
The NJC, based on its panel report, had at its 63rd meeting on July 18, 2013 found Justice Gummi guilty of interfering with the execution of the 2010 judgement of Justice Jude Okeke of the FCT High Court.
Justice Gummi, who retired to ascend the throne as Emir of Gummi in Zamfara State, challenged his indictment on alleged “gross judicial misconduct” in the court.
Delivering judgement yesterday, Justice Abdul Kafarati held that under the doctrine of lis pendis (pendency of suit), the NJC committee has no powers to conduct the hearing which indicted Gummi.
The judge also held that Gummi, having ceased to be a judicial officer by the evidence of his retirement dated May 13th, 2013 and payment of three months’ salary in lieu of notice, the NJC cannot exercise judicial control over him.
Gummi had in a suit filed on June 7 challenged the constitution of the NJC panel on a petition of abuse of office against him by Nestello’s director, Mr Mike Mbanefo for allegedly halting the execution of the order of the court restoring possession of house No 1 Fatai Williams Street, Asokoro, Abuja to the estate agency.
