The National Judicial Council (NJC) has recommended the compulsory retirement of Justice S. O. Falola of the Osun State High Court following findings of judicial misconduct. The NJC, chaired by the Chief Justice of Nigeria, Olukayode Ariwoola, concluded that Justice Falola had granted a garnishee order absolute for the enforcement of a court judgment “in a questionable and strange manner.”
The investigation stemmed from a petition lodged against Justice Falola by Mr. Dapo Kolapo Olowo and Polaris Bank. The petition raised concerns about the judge’s handling of a garnishee order absolute against the bank, amounting to N283,174,000. The NJC found that Justice Falola endorsed the order, attaching the account of the garnishee with another garnishee, rather than the account of the judgment debtor.
The NJC also discovered that Justice Falola erred by entertaining proceedings for the enforcement of a judgment purportedly from a Kwara State court, even though there was no evidence of the judgment before him, nor a certificate of registration in Osun State to confer jurisdiction.
Additionally, the NJC criticized Justice Falola for visiting the counsel of the bank in Lagos, deeming the action unbecoming of a judicial officer.
The NJC has recommended Justice Falola’s sacking to Osun State Governor Ademola Adeleke. However, the approval of the governor is required for the sanction to take effect.
In response to the findings, the NJC has suspended Justice Falola from office pending the governor’s approval of the recommendation for his compulsory retirement. The council has also initiated investigations into other petitions and taken various actions, including the issuance of guidance to a judge, as part of its disciplinary responsibilities.
