The expulsion of Justice Adepele Ojo, the Chief Judge of Osun, by Governor Ademola Adeleke has been denounced by the Nigerian Bar Association (NBA).
In a statement released on Saturday by Mr. Akorede Lawal, the NBA’s national publicity secretary, the organisation declared that it would not acknowledge Justice Olayinka Afolabi, the governor-appointed acting chief judge.
Lawal stated that the NBA’s stance was based on the independence of the judiciary and the division of powers as stated in the constitution.
He continued, “A judicial officer’s tenure cannot and should not be subject to the whims of politicians.”
The governor’s actions, according to the National Publicity Secretary, not only violated the idea of the division of powers but also blatantly disregarded a court ruling.
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According to Lawal, the group vehemently denounced the “unlawful” activities, and the 1999 Constitution’s articles clearly specify that a state’s Chief Judge may be removed from office.
Since then, Nganjiwa v. FRN (2017) LPELR-43391 (CA) has established the rule that any misbehaviour related to a judicial officer’s position and duties must be reported to and investigated by the National Judicial Council (NJC).
Lawal remarked, “The Supreme Court has explicitly indicated that the Chief Judge of a State cannot be dismissed under any guise, including the infamous “step aside style,” without recourse to the NJC. This decision was made in Elelu-Habeeb & Anor v AG Federation & Ors (2012) 12 NWLR (Pt 1318) 423.
He claims that the NBA is concerned that the Osun Government decided to disregard the valid temporary injunction ruling issued by the National Industrial Court located in Ibadan while carrying out its operations.
The governor of Osun was prohibited from meddling in the affairs of the Chief Judge of Osun State by the temporary injunction.
The NBA spokesperson continued, “Until they are overturned by a higher court of competent jurisdiction, all court orders must be obeyed and complied with.”
As a result, Lawal declared that Justice Afolabi would not be accepted by the NBA as the acting Chief Judge of Osun.
