The Nigerian Bar Association, NBA, has protested Governor Ademola Adeleke’s suspension of Osun State Chief Judge, Justice Oyebola Ojo.
The Osun State House of Assembly recommended the suspension of the Chief Justice on Thursday, which Adeleke approved and directed that Justice Yinka Afolabi be sworn in as acting Chief Justice.
However, the NBA through its National Secretary, Publicity Secretary, Akorede Lawal in a statement, yesterday morning, said it would not recognize anyone as Acting CJ.
The association described the action of the state government as illegal, breach of rule of law and assault against the judiciary coming from a democratically elected governor.
“The State Government’s action is an abuse of the rule of law and a desecration of the Constitution of the Federal Republic of Nigeria 1999 ,as amended,” he said.
“In very vivid terms, Governor Adeleke’s and the Osun State House of Assembly’s actions are an unwarranted assault on the Judiciary and aimed at intimidation,” the statement reads.
“Furthermore, the law has since been settled in Nganjiwa v FRN (2017) LPELR-43391 (CA) that any misconduct attached to the office and functions of a judicial officer must first be reported to and determined by the National Judicial Council ,NJC.
“Specifically, the Supreme Court in Elelu-Habeeb & Anor v AG Federation & Ors (2012) 12 NWLR (Pt 1318) 423 has clearly stated that the Chief Judge of a State cannot be removed under any guise including the infamous “step aside style” by the Osun State Government without recourse to the NJC.
“The NBA is further worried and troubled that in going about its unlawful endeavour, the Osun State Government chose to ignore the lawful order of interim injunction granted by the National Industrial Court sitting in Ibadan, which restrained the Governor of Osun State from interfering with the office of the Chief Judge of Osun State.
“This is untoward, coming from a democratically elected state government. All decisions of court must be obeyed and complied with until they are set aside by a superior court of competent jurisdiction.
The NBA’s position is anchored on the constitutional doctrine of separation of power and the independence of the judiciary.
“The tenure of a judicial officer cannot and should not be subject to the mood of politicians. To this extent, the NBA and its members shall not recognise Hon. Justice Olayinka Afolabi as the Acting Chief Judge of Osun State, because the provisions of the law must be complied with strictly, in the removal of, and/or appointment of the Chief Judge of Osun State.
“The NBA shall take all necessary steps to ensure this impunity and brazen abuse of office does not stand!” He ended.
However, the state government on Friday denied the claims that Justice Ojo was suspended by Governor Adeleke.
Crediblenews also gathered that Adeleke had earlier directed his deputy, Kola Adewusi, to swear in Justice Yinka Afolabi in acting capacity at the Exco’s Lounge, Governor’s office by 10 am yesterday.
The findings revealed that the Adeleke-ordered swearing-in ceremony could not take place due to procedural hiccups encountered by the executive arm.
Kolapo Alimi, the Commissioner of Information and Public Enlightenment, confirmed Friday that the swearing-in ceremony for the acting Chief Justice could not take place.
He said the state government was waiting for the decision of the National Judicial Council (NJC) after the body was notified of the suspension of the CJ.
Alimi said: “The deputy governor just returned from Abuja this evening. He was directed to inform the NJC of the resolution of the Assembly on the development. A letter has been sent to NJC, we are waiting for the directive of NJC before further action.
“The swearing-in could not hold. There is a vacuum in the third arm of government because the woman has been asked to step aside. But notwithstanding the vacuum, the NJC has been notified. If there is any vacuum, it is because of NJC.”
Reacting to the development, the coalition of civil society groups in Osun State under the aegis of The Osun Masterminds, through its Executive Director, Prof. Wasiu Oyedokun-Alli, kicked against the removal of CJ, warning that Justice Yinka Afolabi must not avail himself for swearing in to denigrate the judicial institution.
We’ll see in court if illegality is not reversed–SERAP
In response, the Socio – Economic Rights and Accountability Project, SERAP, has threatened to sue the governor of Osun State if the suspension is not lifted.
“Osun State Governor Ademola Adeleke must immediately reverse his apparently unlawful removal of Adepele Ojo as the Chief Judge of Osun State,” SERAP said in a post on its official “X” handle, @SERAPNigeria. This vicious cycle of authoritarian assaults on the rule of law must come to an end. We’ll see if this illegality is not overturned in court.”
Credibenews.ng
