Gummi guilty of gross misconduct -NJC

In July 2013, NJC found Gummi guilty of gross misconduct.The council in a statement issued in Abuja and signed by its spokesman, Mr. Soji Oye, said it also found that Gummi interfered with the execution of a judgment delivered by Justice Jude Okeke, also of the Abuja High Court.However, while investigation against him was pending […]

In July 2013, NJC found Gummi guilty of gross misconduct.
The council in a statement issued in Abuja and signed by its spokesman, Mr. Soji Oye, said it also found that Gummi interfered with the execution of a judgment delivered by Justice Jude Okeke, also of the Abuja High Court.
However, while investigation against him was pending before the NJC, Gummi hurriedly resigned and was turbaned as the Emir of Gummi in Zamfara State.
He also ran to a Federal High Court in Abuja where he challenged the power and jurisdiction of the NJC to exercise disciplinary control over him on the ground that he had voluntarily retired from service as a judge.
He also asked the court to issue an order stopping NJC’s probe because two cases were pending in courts in respect of the allegations for which he was being investigated.
In a judgment delivered last month, Justice A. Abdu-Kafarati agreed with Gummi and held that the NJC lacked the disciplinary control over him having voluntarily retired from service as a judge.
NJC was dissatisfied with the judgment and filed a notice of appeal at the Court of Appeal in Abuja.
In the appeal filed by the council’s lawyer, Chief P.O. Jimoh-Lasisi, SAN, NJC said that the trial judge was wrong in his decision.
The notice of appeal reads: “The judge misdirected himself in law when he held that Gummi having tendered his letter of voluntary retirement and same acknowledged by the NJC coupled with the fact of payment of three months’ notice of in lieu of notice, the plaintiff ceased to be a serving judicial officer and the NJC cannot exercie disciplinary control over him.”
The council gave the particulars of mis-direction thus: The Investi-gation Committee of NJC was investigating the conduct of the plaintiff as a judicial officer prior to his resignation.
“The NJC has a constitutional duty to investigate complaints against judicial officers for their conduct whilst in service.”
NJC said that its power to exercise disciplinary control over judges was not subject to any other control or direction.
The council further argued that the fact that Gummi had resigned did not mean that he did not commit the offence in question while he was a judicial officer.
It therefore asked the appellate court to set aside the judgment of the trial judge and its place issue an order either striking out or dismissing Gummi’s suit.
In finding Gummi guilty of gross misconduct, the council however did not punish him because he had since resigned from office.
The council nevertheless warned that any judicial officer, who committed similar offence would be punished severely.
The statement said: “The NJC at its 63rd meeting which was held on July 17 to 18, deliberated on the report and recommendation of its committee that investigated the petition forwarded to it by Nestello Gateway Group in Suit No. FCT/HC/CV/486/10 against Hon. Justice Lawal Hassan Gummi, the former Hon. Chief Judge of High Court of FCT, Abuja.
“At the end of deliberations, council accepted the findings of its Committee that Justice Gummi, interfered with execution of the judgment delivered by Justice Okeke of the FCT High Court, Abuja in the Suit between Nestello Gateway Group and Alhaji Abdul’aziz Abubakar Yari, a former National Assembly member and the Governor of Zamfara State in which execution of the judgment had already been levied in favour of the petitioner.
“Council found the interference by Justice Gummi in the execution of the judgment as most unethical and highly reprehensible.