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From Lateef Dada, Osogbo
A chieftain of the All Progressives Congress (APC), Hon. Olatunbosun Oyintiloye, has called on the National Judicial Council (NJC) to investigate Justice Adeyinka Aderibigbe of the Osun State High Court, sitting in Ilesa, for granting a “controversial order” recognising vacancies in the state’s local government areas.
In a statement on Monday, the former lawmaker in Osun recalled that Justice Aderibigbe, on 21st February, granted the state government’s request to go ahead with the proposed 22nd February local government election, in flagrant disobedience to the advice by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi SAN, on 20th February, that Governor Ademola Adeleke should not proceed with the conduct of the election.
Justice Aderibigbe also recognised that there were existing vacancies in all 30 local government areas in the state and mandated the State Independent Electoral Commission to fill the vacancies through election.
Fagbemi had urged the governor to respect the recent judgment of the Court of Appeal, Akure Division, which restored the democratically elected chairmen and councillors removed in 2022 by the Adeleke administration.
Oyintiloye, however, viewed the order of Justice Aderibigbe as strange, insisting that the order was given against a valid judgement of a higher court.
“I want to appeal to the NJC to investigate Justice Aderibigbe for bringing the judiciary to ridicule with the judgement he delivered on February 21, recognising vacancies in Osun LGA after Court of Appeal had returned the unjustly sacked elected chairmen and Councillors elected in the October 15, 2022 election.
“Can the order of State High Court supersede a judgement of the Court of Appeal? Where and when did Justice Aderibigbe sit to give the order?
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“Why is it that it was the State Attorney-General and Commissioner for Justice that presented the order of the court to journalists?
“Can judge deliver a judgment without persons whose interests (the reinstated APC chairmen and Councillors) would be affected, not being made parties to the suit?
“Can a judge deliver a judgement on mere Motion on Notice? The law is clear that no action is commenced by Motion on Notice by which the judge delivered his judgment.
“The four means recognized by the Osun State High Court (Civil Procedure) Rules are by Writ of Summons, Originating Summons, Originating Motion, and Petition. No valid action is commenced by mere Motion on Notice, and it is regrettable that a court of law would proceed to deliver its judgment on mere Motion on Notice.
“These and many other questions that NJC needs to ask Justice Aderibigbe,” he said.
Oyintiloye, a member of the defunct APC Presidential Campaign Council (PCC), also said that Justice Aderibigbe’s judgement came after police had strongly advised the state government to suspend the election following intelligence that indicated high security threats and volatility.
“But government threw caution into the wind by turning the deaf ear to the warning. Eventually, lives were lost. If proper caution was taken, such loss would have been avoided,” he further said.
The APC chieftain subsequently urged the NJC to thoroughly investigate Aderibigbe to keep intact the sanctity of the judiciary, adding that the order granted by the judge has raised questions about court hierarchy, which the Council must provide answers to.
