NFF: Justices Kolawole, Auta dragged before NJC

*“keep the stream of justice pure”

CJN Dahiru Musdapher...oh God! This is fresh headache again

Justices Gabriel Kolawole and Ibrahim Auta of the Federal High Court Abuja have been dragged before the Nigeria Judicial Council (NJC) over judgments they delivered in matters of football before them at various times.

In a petition dated 15^th December 2011 by a Lagos-based legal practitioner, Aideloje Belo, the five-page petition addressed to the chairman of the NJC titled: Dubious judgments in suit nos FHC/ABJ/CS/280/2011 and FHC/ABJ/CS/541/11 delivered by Justices G. O. Kolawole and Ibrahim Auta on 2^nd August 2011 and Friday, December 2^nd 2011 respectively – Judicial heists and travesty of Justice” he demanded they are made to retire.

Belo acted as solicitor to the Nigeria Football Association and the National association of Nigerian Footballers (NANF) alleged that Justice Auta wherein three hypothetical questions and five reliefs were raised and sought where the plaintiffs deposed in the affidavit in support of their application that there was an order by Justice Abang on the 7^th September, 2010 in paragraphs 3-7, 17, 20-22 therefore, attempting to give a twisted summary of the facts related to the matter.

He accused the plaintiffs of not discosing that there was an order of court ordering the parties in the suit to maintain status quo ante bellem after hearing the parties.

NFA and NANF are complaining of the judgment delivered on 13^th October 2011 after being refused to join in the matter as interested parties. They applied for the judgment which they are yet to get.

According to Belo, “the news of the judgment was broken vua a blackberry message circulated by one Ademola Olajire on Saturday 3^rd December 2011 first in the morning and later a supposed corrected version released by him. The totality of the message was that the legitimacy of the NFF has been affirmed.”

They questioned how the same NFF that appealed against Justice Abang’s order made on the 6th September and 25^th October 2010 on the 7^th September and 21^st January respectively.

Part of their grouse against Auta is that in the suit FHC/CS/1408/2011 wherein they filed a counter affidavit whose paragraphs 5-7, 11 and 12 they showed they were on appeal on the matter and Justice Auta’s court went on to hear the issues related to the matter.

Auta was accused of sending the impression of being sympathetic to the NFF which played out to be true irrespective of the clear facts of the case. This he premised on the dubious facts that Justice Abang never sat on the suit in question on the 7^th September 2010 as claimed by the NFF.

Auta is also accused cannot sit in appeal over a matter dispensed with by a brother judge, “he ought to have declined jurisdiction to entertain the suit even if there was no appeal on the matter.”

Belo averred further that the affidavit deposed to in the Application was not made in accordance with the Oaths Act and so could not have been relied upon by the court. For delivering judgment without hearing his clients while their application for joinder was pending put his neutrality at stake. Admitting that the applicants misled the court she also averred that the patronizing disposition of the judge contributed to being misled.  

 

…the case against Justice Kolawole

Belo’s clients complained on how the judge had forced them to withdraw from joining the suit before him as interested parties. The judge was accused of identifying in the open court that one of the respondents (Prof. Akin Ibidapo-Obe) was his lecturer and a counsel (Barrister Bozimo) for the defendants was a cousin (aunty’s son).

It was after this admittances that “he anxiously tilted the ante against the claimant even after judgment by refusing to hear applications before him.” He was accused of aiding the coronation of Rumson Victor Baribote as chairman, NPL by the NFF.

The clients added that, “it is self-evident that Justice Kolawole deliberately stalled determining applicants before him until such a time interested parties are forced to accept the change even when justice is trampled upon on several grounds including the partiality of the judge in the instant matter.

In summary, they prayed that justices Ibrahim Auta and G. O. Kolawole should resign as judges of the Federal High Court having serially breached their oaths of office. More particularly, we urge that Justice Ibrahim Auta, having assumed the position of an appeals Court over an Order made by a brother judge has thoroughly embarrassed the judicial hierarchy of our judicial system hence he should resign immediately so as to keep the streams of justice pure.”