NBA reacts to purported sacking of Osun Chief Judge, rejects acting appointment

The Nigerian Bar Association (NBA) has condemned the removal of the Chief Judge of Osun State, Adepele Ojo, by Governor Ademola Adeleke.

The NBA said in a statement by its National Publicity Secretary, Akorede Lawal, on Friday that it will not recognise Olayinka Afolabi appointed as the Acting Chief Judge by the governor.

Mr Lawal said 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,” he added.

The NBA said the action of the governor not only negated the principle of separation of powers, it also disregarded a court order.

The body said the association unequivocally condemned the “unlawful” actions, adding 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.

It noted that the tenure of a judicial officer is not subject to the mood of politicians, adding that a judge cannot be appointed or removed from office without recourse to the National Judicial Council (NJC).

Therefore, the NBA, through its spokesperson, said the provisions of the law must be strictly complied with in the removal and/or appointment of the Chief Judge of Osun State.

“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).

“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’ without recourse to the NJC,” Mr Lawal said.

According to him, NBA is troubled that in going about its actions, 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 decisions of court must be obeyed and complied with until they are set aside by a superior court of competent jurisdiction,” the NBA spokesperson added.

Mr Lawal said, therefore, that the NBA would not recognise Justice Afolabi as acting Chief Judge of Osun State.

The substantive Chief Judge was removed by Governor Adeleke over allegations of misconduct, abuse of power, corruption and disregard for the rule of law.

Background

Mrs Ojo had filed a suit on 15 November against the Osun State government at the National Industrial Court of Nigeria in Ibadan, Oyo State, to stop the moves by Governor Adeleke and other relevant institutions and officials of the state from removing her from office.

The court subsequently granted an order of interim injunction restraining the defendants from removing, reversing, or terminating her appointment as well as the conditions of her service as the Chief Judge of Osun State.

But despite the court order, on 16 November, the House of Assembly, ignoring the interim injunction, passed a resolution requesting that the Chief Judge step aside pending an investigation into allegations of misconduct, abuse of power, corruption, and disregard for the rule of law against her.

The resolution was approved by Governor Adeleke, who appointed Olayinka Afolabi as the acting Chief Judge of Osun State with immediate effect.

The NBA advised the Osun State Government to look into the provisions of the 1999 Constitution on the way and manner a Chief Judge of a State can be removed from office.

It explained that the NBA’s position is anchored on the constitutional doctrine of separation of power and the independence of the judiciary.

“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 the court must be obeyed and complied with until they are set aside by a superior court of competent jurisdiction.”

“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 can not 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!” he added.