Justice Archibong Invokes FOI Act, Drags NJC To Court Over Compulsory Retirement

Justice Archibong Invokes FOI Act, Drags NJC To Court Over Compulsory Retirement 

Disgraced former judge of the Federal High Court, Justice Charles Archibong, who was compulsorily retired by the National Judicial Council (NJC) in February 2013 has dragged the council before a Federal High Court in Abuja.

In the case before Justice Abdu-Kafarati, Archibong wants the court to compel the NJC to avail him of his service records, judicial activities including all petitions against him and a certified record of proceedings of the NJC that resulted in its recommendation to the President of the Federal Republic of Nigeria that he be retired.

It would be recalled that under the banner of judicial reforms, the Chief Justice of Nigeria, Justice Aloma Muhktar's led NJC recommended to President Jonathan in late February 2013 that Justice Charles Archibong of the Federal High Court be compulsorily retired.

The Judge who had served for 6 years in the Lagos Division of the Federal High Court was also found to exhibit ' a poor knowledge of law and particularly of procedure'.

In suit No.FHC/ABJ/CS/837/2014  dated November 12, 2014, Justice Archibong is seeking the following reliefs:

(1) A declaration that the refusal, failure and/or neglect by the defendant, the NJC to release the information requested by the plaintiff concerning his service records, judicial activities including all petitions against him amounts to violation of section 7(1) of the Freedom of Information Act, 2011 and is therefore wrongful, illegal and unconstitutional.

(2) A declaration that the refusal, failure and/or neglect by the defendant to release the information requested by the plaintiff is a violation of the provisions of section 4(a) of the Freedom of Information Act, 2011.

(3) A declaration that by a true interpretation and construction of section 4(a) of the Freedom of Information Act, 2011, the defendant as a Public Institution  within the meaning of section 7 and 31 thereof is under obligation to furnish to the plaintiff on his demand information concerning his service records, judicial activities, clearances, warnings and certified records of proceedings of  the defendant that resulted in its recommendation to the President of Nigeria that the plaintiff be compulsorily retired amounts to a violation of section 7(1) of the Freedom of Information Act, 2011 and is therefore wrongful, illegal and unconstitutional .

(4) A declaration that the refusal , failure and/or neglect by the defendant to release the information requested by the plaintiff on the above constitutes a breach of the duty of care owed to the plaintiff by the defendant at common law, in consequence of which the plaintiffs character and hard earned reputation has been severely tarnished by libellous stories published by both Daily Independent and Punch Newspapers to the effect that the plaintiff was compulsorily retired on ground of corruption and abuse of office, which stories the plaintiff has been unable to refute with cogent and verifiable evidence due to the defendants refusal to release to the plaintiff the information requested.

Meanwhile, following several months of negative Press reports of his compulsory retirement couched in stories of 'Judicial Corruption', Justice Archibong has also sued The Daily Independent and The Punch in separate actions for publishing libellous content on his retirement.

No date has been fixed for hearing of both suits.