The ECOWAS Court of Justice has awarded 50 million Naira as nominal damages to a former Judge of the Federal Capital Territory, Justice Sunday Aladetoyinbo, for violation of his right to fair hearing while undergoing disciplinary investigation for judicial misconduct by the Nigeria National Judicial Council.
Delivering judgment in the suit filed by Justice Aladetoyinbo, a panel of three judges of the ECOWAS Court held that the composition of the committee that conducted the disciplinary investigation was incompetent therefore rendering its decision null and void as it violates the Applicant’s right to a fair hearing.
The panel presided over by the President of the ECOWAS Court, Edward Asante, and judgment read by the Judge rapporteur for the case, Justice Dupe Atoki, said that while it acknowledged that the right of the plaintiff to a fair hearing was violated, the plaintiff could not provide evidence of the prejudice suffered but decided to make the historic award in recognition of the violation.
The Court, however, declined the plaintiff’s request for an order for the defendant, the Federal Republic of Nigeria, to issue an apology to the applicant through the NJC.
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The Court also dismissed the defendant’s preliminary objection challenging its jurisdiction and directed the Chief Registrar to assess other costs due.
In the suit filed before the Court on 14 June 2018, Justice Aladetoyinbo claimed that his fundamental rights were violated as a result of a letter of warning issued to him by the NJC and published with distortions in different media platforms.
