A human rights activist, Mr. Mohammed Kazeen, has filed a legal action before a Federal High Court in Ikeja against the National Judicial Council (NJC), asking the court to declare the Justice Ibrahim Auta –led panel which the NJC set up to review the findings of Justice Umaru Abdullahi panel on the crisis of confidence in the judiciary as illegal and unconstitutional.
The NJC had set up the Abdullahi panel to probe the crisis of confidence between the Chief Justice of Nigeria, Justice Aloysius Katsina-Alu and the President, Justice Isa Salami, just as the NJC had directed Auta panel to recommend sanctions on either the CJN and the PCA.
Lawyer to the plaintiff, Mr. Bamidele Aturu, had filed the matter just as the plaintiff named the NJC, a Justice of Supreme Court, Justice Dahiru Musdapher and Justice Auta as co-defendants to the suit.
According to the plaintiff, the setting up of Auta panel is contrary to section 36 of the 1999 Constitution.
Kazeem is also asking the court to hold that the composition of the NJC in which 14 out of 25 members were nominated by the CJN is not a body properly composed as to guarantee impartiality and independence to be able to receive and act on the report of Justice Abdullahi’s panel.
He asked the court to hold that Justice Musdapher is not fit to preside over the NJC meeting to deliberate and consider Justice Abdullahi’s panel into allegations of misconduct against the CJN.
He therefore asked the court to declare the proceedings and the decisions of NJC on July 25, 2011 in which Justice Musdapher presided after testifying at Justice Abdullahi’s panel is illegal and unconstitutional.
Justice Stephen Adah is expected to hear the matter while no date has been fixed for the hearing of the case.
Meanwhile, the NJC has set up a panel to probe members of Justice Thomas Naron –led Election Petitions Tribunal over the April 14, 2007 governorship tussle in Osun State between Governor Rauf Aregbesola and the former ex-Governor Olagunsoye Oyinlola.
Other members of the tribunal were Mohammed, J.N. Akpughunum, A.T. Badamasi and J.E. Ekanem.
The setting up of the panel was sequel to a petition written to the NJC by lawyer to Aregbesola, Mr Ajibola Bashiru, alleging impropriety on the part of the tribunal.
One of the allegations against the tribunal was that some of members of the tribunal exchanged calls with lawyers representing Oyinlola while the petition was pending before the tribunal.