Ms. Olotu, Wednesday, in a motion ex-parte filed before Justice Ademola Adeniyi and heard in chambers, is seeking leave to apply for an order of certiorari for judicial review of her case.
Her counsel, Sunday Ameh, who filed the application on her behalf, said the suit was intended at protecting his client’s fundamental rights.
Joined in the suit as respondents were Mr. Jonathan, the National Judicial Council, NJC, the Chief Justice of Nigeria, CJN, the Chief Judge of the Federal High Court and the Attorney-General of the Federation.
The NJC had, on February 27, recommended her compulsory retirement to the president, along with that of another judge, Ufot Inyang, of the FCT High Court.
The NJC had in a statement by Soji Oye, its Head of Information, said the decision to recommend her for compulsory retirement was informed by its findings on the allegations of gross misconduct contained in petitions written against her.
Mr. Oye said the NJC found that Ms. Olotu “failed to deliver judgment on Suit No. FHC/UY/250/2003, 18 months after the final address by all the counsel in the suit, contrary to the constitutional provisions that judgments should be delivered within a period of 90 days.”
She also “admitted before the Fact Finding Committee of the Council that investigated the allegations that she forgot she had a pending ruling to deliver in an application for joinder.”
The NJC also found that she “entertained a post judgment matter in Suit No. FHC/UY/CS/250/2003 in Port Harcourt, after delivering judgment, which made her functus officio.”
It was also established that “in another case, Suit No. FHC/ABJ/CS/505/2012, Justice Olotu failed to deliver judgment twice,” Mr. Oye said.
Justice Ademola fixed hearing in the matter for March 19 and ordered that all parties in the case be served with the motion.
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