The Nigerian Bar Association, NBA, has drawn a battle line with the governor of the state, Ademola Adeleke over the removal of the Choir Judge of the state, Justice Adepele Ojo.
The state governor had earlier in the week suspended the state Chief Judge in line with the resolution passed by the state House of Assembly.
The embattled judge was replaced by Justice Olayinka Afolabi, who the governor appointed in acting capacity.
We will not recognise Justice Afolabi, the NBA said in their reaction to the appointment.
Not a few Nigerians consider the action of the governor to be wrong considering that it’s only the National Judicial Commission, NJC, which has the power to recommend the CJ for removal.
This is not the case on this matter, raising suspicion that Justice Adepele may have been a victim of politics in the state.
Reacting, the NBA in a statement signed by the state’s branch Publicity Secretary, Akorede Lawal said it will not recognise the new CJ appointed by the governor.
The NBA said the CJ position should not be subject to the “mood of politicians” adding that the Constitution has spelt out how a CJ should be removed from office when found wanting.
The NBA said the principle of separation of powers must be respected by the constituted authority in the state, stressing that the governor failed to respect a court injunction which prevented him from sacking the CJ.
The National Industrial Court in Ibadan had issued a restraining order on the state governor not to remove the judge.
Citing Nganjiwa v. FRN (2017) LPELR-43391 (CA), NBA said any judicial officer found of misconduct must first be reported to the NJC for discipline.
NBA said, “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.
“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.”
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