NBA confronts Gov Adeleke, says tenure of a chief judge not subject to your mood

Opposition to the suspension of the Chief Judge of Osun State, Justice Adepele Ojo has continued to swell, as the Nigerian Bar Association (NBA), on Saturday, condemned the suspension and declared that it would not recognise the acting CJ appointed by Governor Ademola Adeleke, Justice Olayinka Afolabi.

The NBA said this in a statement issued on Saturday by its National Publicity Secretary, Akorede Lawal, adding 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,” Lawal argued, adding that the action of the governor has not only negated the principle of separation of powers but was also a clear disregard for a court order.

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Lawal 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 in which a Chief Judge of a state could be removed from office.

“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,” the NBA spokesman said.

He further stated that the 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 court decisions must be obeyed and complied with until they are set aside by a superior court of competent jurisdiction,” he noted, insisting that the NBA would not recognise Justice Afolabi as acting Chief Judge of Osun.

Justice Ojo was removed from office in what the state government said was an action carried out by the Osun State House of Assembly, after the NICN, sitting in Ibadan, the Oyo State capital gave an order stopping it until the substantive issues are dealt with.

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