By Onyewuchi Ojinnaka
Justice Inyang Ekwo of the Abuja division of the Federal High Court has adjourned till April 5, hearing in the substantive suit filed by Justice Rita Ofili-Ajumogobia who is contesting her dismissal by the National Judicial Council (NJC) from the service.
The judge fixed the date on Tuesday January 19, when he dismissed the objection raised by the National Judicial Council (NJC) against the hearing of the suit filed by Justice Rita Ofili Ajumogobia challenging her dismissal from service.
Recall that the NJC had, in 2018 dismissed Justice Ajumogobia of the Federal High Court from the service of the Federal Judicial Service Commission (FJSC), based on alleged gross judicial misconduct.
But dissatisfied with her dismissal by the NJC, Justice Ajumogobia, approached the Federal High Court, Abuja with a suit challenging the process adopted by the investigative committee of the NJC which led to her dismissal.
In the suit, the dismissed judge prayed the court to declare as illegal, unconstitutional, null and void the report of the committee that recommended her dismissal.She claimed among others, that her fundamental right to a fair hearing was breached in the ways and manners which she was dismissed from service.
However, the NJC and other defendants in the matter filed separate preliminary objections against the hearing of the suit on the grounds that the Federal High Court has no jurisdiction to entertain such a matter.
The NJC argued that being a labour related matter involving an employee, the plaintiff should have gone to the National Industrial Court (NIC) to ventilate her grievances.
The defendants to the suit are the Attorney General of the Federation, President Muhammadu Buhari, Justice Olufemi Akinta, Justice Ishaq Bello and Justice Julieth Kentu.They denied the claim of denial of fair hearing by the judge, and further contended that the case was statute-barred, having not been instituted within three months as required by the Public Officers Protection Act.
They specifically claimed that Section 2 of the Public Officers Protection Act makes it mandatory for such a matter to be instituted within three months for the matter to be competent.
But in her counter-affidavit, Justice Ajumogobia prayed the trial Judge, Justice Inyang Ekwo to dismiss the objection to her suit on the ground that she was challenging the constitutionality of her dismissal.
In his ruling, Justice Ekwo dismissed all the objections raised by the defendants on the ground that they were misplaced. He held that the claim of the plaintiff was misconstrued.
The Judge further held that Justice Ajumogobia raised constitutional issues bordering on denial of a fair hearing in the manner she was dismissed.
Besides, the trial judge held that the case of the plaintiff did not fall under the provision of the Public Officers Protection Act as claimed by the NJC and as such, was not statute-barred.
“Consequently the plaintiff’s claim, being a constitutional matter can only be heard by a Federal High Court and not a National Industrial Court as canvassed by the NJC.”
Thereafter, the trial judge fixed April 5,6 and 7, 2021 for the hearing of the substantive matter.