The Kogi High Court sitting in Koton-Karfe on Thursday nullified the removal of the state Chief Judge, Justice Nasir Ajanah, by the state House of Assembly.
The state lawmakers had recommended the removal of Justice Ajanah on April 2 over a resolution bothering on alleged gross misconduct.
The court also abolished the state House of Assembly’s decision in recommending Alhaji Yahaya Adamu, Chief Registrar of the state High Court, to the state Judicial Service Commission (JSC) for disciplinary action over alleged gross misconduct.
The court asserted that the Assembly’s resolutions were in “clear violation of the orders of the court.
In his ruling, Justice Alaba Omolaye-Ajileye of the High Court, nullified the resolutions in the suit filed by the Chief Judge and Chief Registrar of the court.
Omolaye-Ajileye affirmed that he had come to the “irresistible conclusion” that the resolution of the House recommending the removal or stepping aside of the chief judge for alleged gross misconduct must not be allowed to stand.
He said that “the resolution, having been reached in clear violation of the orders of this court, is accordingly hereby set aside and declared a nullity.”
On the recommendation of the Chief Registrar to the JSC for disciplinary action over alleged gross misconduct, Omolaye-Ajileye, ruled that the Kogi State House of Assembly is subject to the rule of law and is required to obey and not break the law.
“With the positive orders of this court made on December 13, 2018 and reinforced on December 18, 2018, Kogi State House of Assembly ought not to have done anything to give the impression that it was trying to pre-empt the decision of this court.
“It is tragic that the respondents whose primary responsibility is to make laws for the peace, order and good government of Kogi State would be the same institution to be associated with violation of court orders. It was an audacious and arbitrary display of naked power, an act that is contrary to all constitutional and democratic tenets”, he said.
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