The National Judicial Council (NJC) has cleared a Lagos high court judge, Justice Iyabo Oladunni Kasali of judicial misconduct and dismissed a petition written against her over alleged perversion of justice.
A lawyer, Evans Azuike had in his petition dated May 24, 216 written to the NJC alleged that Justice Kasali struck out suit number LD/1791/2010 without justification and deliberately refused to release exhibits tendered in the suit.
The petitioner further alleged that the alleged refusal to release the exhibits 11 months after the suit was struck out hindered immediate commencement of a fresh suit.
Petitioner also alleged that the delay in releasing the exhibits enabled the defendants to mobilise men and materials to complete the structure which they had erected on the disputed Land, prior to the assignment of the suit to Justice Kasali in 2013.
But, after its deliberation NJC dismissed the petition for lack of evidence to establish the allegations leveled against Justice Kasali.
The Council in a letter with ref. No.NJC/S.24/LAG.HC/12/1/461 held that no act of judicial misconduct was established against the judge.
The letter reads ‘’the National Judicial Council set up a three-man Committee to investigate the allegations contained in a petition dated 24th May 2016 against Justice Iyabo Oladunni Kasali of High Court of Justice, Lagos State.
‘’The Committee finds that no act of judicial misconduct is established by the petitioner against the Hon. Judge. At its meeting, which was held on 3rdNovember, 2016, Council considered and deliberated on the Report of the Committee.
“At the end of deliberation, Council decided to dismiss the petition for failing to establish the allegation of judicial misconduct against Hon. Justice Kasali.”
Both the petitioner and Justice Iyabo Oladunni Kasali led evidence before the three-man Investigative Committee of the National Judicial Council.
Justice Kasali in her evidence stated that she did not sit on the exhibits as alleged and that she neither delayed nor obstructed Justice through alleged sitting on Exhibits.
She told the Committee that suit No: LD/1791/2010 was a case inherited by her as a trial court when she was newly posted to Lagos Judicial Division of High Court of Lagos State.
Prior to inheriting the case from Justice Oyekan-Abdullahi (as the trial Judge) the Petitioners’ Counsel sought and obtained an Interim and Interlocutory Injunction from the Case Management Judge.
After trial commenced in the suit the defendants filed an application challenging the Court’s Jurisdiction to entertain the suit on the ground, that at the time the suit was commenced, the petitioner’s client’s name had been struck off the Register of Companies by the Corporate Affairs Commission.
Petitioner’s client subsequently had her name restored in the Register of Companies at the Corporate Affairs Commission.
The said restoration was well after the case was instituted and well after the claimant’s client had obtained interim and interlocutory orders during CMC.
In her ruling delivered on February 18, 2015, Justice Kasali held that the suit was incompetent on account of same having been commenced when the name of the claimant had been struck out of the Register of Companies.
The claimant though dissatisfied with the ruling, elected not to appeal.