(Photo:Justice Archibong.Credit-National Mirror)
The National Judicial Council (NJC) has been dragged before the Federal High Court, Abuja Judicial Division by Justice Charles Archibong, a retired Judge of the Federal High Court following the council’s 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 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.
“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 .
“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.
It 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.
Justice Charles Archibong, a highly commended Judicial Officer recently said at a Law Event marking his 60th Birthday, that he had accepted the retirement as God’s wish.
