The Nigerian Bar Association (NBA) has frowned at the removal of the Chief Judge of Osun, Justice Adepele Ojo, by Governor Ademola Adeleke.
The substantive Chief Judge was removed and replaced by Gov. Adeleke of Osun State over allegations of misconduct, abuse of power, corruption, and disregard for the rule of law.
Mr Akorede Lawal, the NBA National Publicity Secretary, mentioned in a statement issued on Saturday that Justice Olayinka Afolabi will not recognised as the acting chief judge as appointed by Governor Ademola Adeleke of Osun State.
Lawal noted that the NBA’s position was piloted on the constitutional doctrine of separation of powers and the independence of the judiciary.
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He added “The tenure of a judicial officer cannot and should not be subject to the mood of politicians.”
He noted 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.
Lawal said the association unequivocally condemned the “unlawful” actions, stating that 1999 Constitution is not Conny on the way and manner in which a Chief Judge of a state could be removed from office.
He stated “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,” Lawal said.
According to him, NBA is worried that Osun Government decided to ignore the lawful order of interim injunction granted by the National Industrial Court sitting in Ibadan, in the way of handling the issue.
He stated “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.”
Lawal, therefore, stated that NBA would not recognise Justice Afolabi as acting Chief Judge of Osun.
