• APC, civil society organisations, human rights lawyers condemn CJ’s removal

From Lateef Dada, Osogbo, Paul Osuyi, Asaba

The Nigerian Bar Association (NBA) has described the removal of Justice Oyebola Adepele-Ojo as Chief Judge of Osun State as unlawful, assuring that it will not recognise Justice Olayinka Afolabi as the acting Chief Judge.

At the same time, a coalition of civil society organisations, The Osun Masterminds (TOM), All Progressives Congress (APC), and human rights lawyer have condemned the step taken by the state government.

The NBA in a statement on Saturday by its National Publicity Secretary, Akorede Lawal, condemned the action of the state government, saying “it is an abuse of the rule of law and a desecration of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

“In very vivid terms, the actions of Governor Adeleke and the Osun State House of Assembly are unwarranted assault on the Judiciary aimed at intimidation.

“The NBA wishes to categorically state that the provisions of the 1999 Constitution are not ambiguous as to the way and manner a Chief Judge of a State could be removed from office. Certainly, 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 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.

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“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,” NBA said.

Speaking at the weekend, the Chief Executive Officer of TOM, Prof Wasiu Oyedokun-Alli, called for an immediate reversal of the suspension, warning that “where the Chief Judge insists on her rights to only be tried by the National Judicial Council and the state government insists on removing her from office, the ensuing altercations may quickly snowball into a full-blown crisis.”

The group also warned Justice Olayinka Afolabi not to allow himself to be used as a tool to denigrate the judicial institution.

A human rights lawyer, Misbau Lateef, who was a guest on a private radio station in Osogbo, at the weekend, described the removal of the Chief Judge as legislative rascality, unconstitutional, and uncalled for.

“The House of Assembly cannot remove, investigate or ask the Chief Judge to ‘step aside.’ It has no such power. It is constitutional rascality and executive recklessness to have asked the CJ to step aside,” Lateef said.

The APC chairman, Tajudeen Lawal, in a statement issued by the party’s Director of Media and Information, Kola Olabisi, described the removal of the Chief Judge as unconstitutional, vindictive, and illegal, and warned against turning the state into a Banana Republic where the rules of the jungle will upstage the rules of law. 

Meanwhile, Justice Olayinka Afolabi, who was asked to be sworn in as acting chief judge has not done so.

The Commissioner for Information and public enlightenment, Kolapo Alimi, agreed that there would be a vacuum in the judicial arm of government because of the need to notify the National Judicial Council (NJC).