Justice Charles Archibong has dragged the National Judicial Council (NJC) before a Federal High Court in Abuja following council’s alleged refusal 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 the plaintiff be retired.
In a suit No.FHC/ABJ/CS/837/2014 dated November 12, 2014, before Justice Kafarati, Justice Archibong who is a retired judge of the Federal High Court, is seeking the following reliefs:
“A declaration that the refusal, failure and/or neglect by the defendant 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.
“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,” among other reliefs.
You would be recalled that under the banner of judicial reform, Justice Aloma Muhktar, CJN-led National Judicial Council recommended to the President of the Federal Republic of Nigeria in late February 2013 that Justice Charles Archibong of the Federal High Court Bench be compulsorily retired.
He had been cited for making ‘inappropriate pronouncements’ on Senior Advocates of Nigeria in a criminal proceeding. 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’.
Meanwhile, following several months of alleged negative press reports of his compulsory retirement couched in stories of judicial corruption, Justice Archibong had also sued The Daily Independent and The Punch in separate actions for publishing libellous stories on his retirement. No date has been fixed for hearing of both suits.
