Gov. Adeleke told to stop assaulting judiciary
The Nigerian Bar Association (NBA) has accused Osun State Governor Ademola Adeleke of carrying out an assault on the judiciary.
The governor had ousted the chief judge of the state, Justice Adepele Ojo, and sought to install Justice Olayinka Afolabi in her stead.
Governor Adeleke’s conduct, according to Akorede Lawal, the NBA’s national publicity secretary, is “an abuse of the rule of law and a desecration of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
“The actions of Governor Adeleke and the Osun State House of Assembly are unwarranted assaults on the judiciary and aimed at intimidation,” he continued in the statement issued by the body.
NBA further said, “A state House of Assembly resolution for a chief judge to step aside is unknown to the law of our land.
“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 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.”
Lawal said the NBA had resolved not to recognise Justice Afolabi as the acting CJ of the state.
“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 that this impunity and brazen abuse of office does not stand.”
