The Nigerian Bar Association, NBA, has criticized Governor Ademola Adeleke on the removal of the Chief Judge of Osun State, Justice Adepele Ojo.
In a statement issued on Saturday by its National Publicity Secretary, Akorede Lawal, the NBA said that it would not recognise Justice Olayinka Afolabi’s appointment as the acting chief judge in the state.
The statement read that the NBA’s position was anchored on the constitutional doctrine of separation of powers and the independence of the judiciary.
“The tenure of a judicial officer cannot and should not be subject to the mood of politicians,” it stated, adding that the action of the governor not only negated the principle of separation of powers but was also a clear disregard for a court order.
It emphasized that the association unequivocally condemned the ‘unlawful’ actions, noting that the provisions of the 1999 Constitution are not ambiguous as on the manner in which a Chief Judge of a state could be removed from office.
“The law has since been settled in Nganjiwa versus 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.
“The Supreme Court in Elelu-Habeeb and Anor versus AG Federation and others (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,’ without recourse to the NJC,” it stated.
The statement expressed concern that the Osun Government chose to ignore the lawful order of interim injunction granted by the National Industrial Court sitting in Ibadan.
“The interim injunction restrained the Governor of Osun from interfering with the office of the Chief Judge of Osun State. All court decisions must be obeyed and complied with until they are set aside by a superior court of competent jurisdiction,” the NBA statement added.
