The Peoples Democratic Party, PDP, Osun State chapter, has written a petition fo the National Judicial Commission, NJC, requesting the probe of a judge of Osun State High Court.
PDP wants the Commission to examine his competence in continuing to adjudicate over any Court in Nigeria
The party accused the judge of judicial misconduct, impertinence and abuse of the office of a judge of the High Court in respect to his handling of suits numbered, HIF/36/2021 between Soji Adagunodo and PDP & ANOR, as well as HIJ/6/2022 between Mr Adedokun Ademola & ORS and PDP &ORS.
The petition, dated March 11, 2022, and signed by the party’s acting state Chairman, Sunday Bisi, Secretary, Bola Ajao and its Legal Adviser, Taofeeq Tewogbade, said the party wondered if the judge deserve to adjudicate over any matter in the country.
It reads further, “It is our complaint that ignoring and non-compliance with the judgment of the Court of Appeal in Peoples Democratic Party & Ors. vs. Hon. Olasoji Adagunodo (Supra) flies in the face of the known doctrine of stare decisis.
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This doctrine also called judicial precedent is well-rooted in Nigerian jurisprudence. It is a well-settled principle of judicial policy which must be strictly adhered to by all trial Courts. While trial courts may depart from their own decisions reached per incuriam, they cannot refuse to be bound by the decisions of higher courts even if those decisions were reached per incuriam.
“The implication is that a trial court is bound by the decision of the higher court, even where that decision is given erroneously. In the instant case, the High Court of the Osun State, sitting at lle-Ife is bound by the Court of Appeal decision in Appeal No. CA/AK/349/2020. See Dalhatu v Turaki 2003 15 NWLR Pt 843 310 at 336, 340; Atolagbe v Awuni 1997 9 NWLR Pt 522 536 at 564”.
The party also seek the commission to investigate the judge on the following ground;
“Disrespect for the Judgment /Decision of the Court of Appeal in Appeal No. CA/AK/349/2021, which was delivered on 5 March 2021; Not following the decision of the Supreme Court in Emeniks vs PDP & Ors (2012) 12 NWLR (Pt. 1315) 556 at 602.
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Condoning the abuse of the Court process in his various judicial proceedings in Suit No. HIF/36/2021 and SUIT NC HIJ/6/2022.
“Acting with impunity in granting Ex-parte orders in Suit No HIF/36/2021 and Suit No. HIJ/6/2022 respectively. Exhibition of penchant bias in the handling of Suit Ne HIF/36/2021 and HIJ/6/2022 filed by Edmund Z. Biriomor before his Court.
“The refusal to avail our party with records of proceeding particularly, the ruling of the Court in Suit No. HIF/36/202 was delivered on the 16th February 2022, despite our party application requesting for Certified True Copy of the said ruling.
