…says ‘politicians’ mood shouldn’t determine tenure of judges’
Nigerian Bar Association, on Saturday, condemned the recent removal of the Chief Judge of Osun State, Adepele Ojo.
On Thursday, Osun State Governor Ademola Adeleke suspended Ojo from office and approved the appointment of Olayinka Afolabi as the acting chief judge.
The Osun chief judge was suspended in defiance of an order by the National Industrial Court restraining Governor Adeleke from removing her from office.
NBA National Publicity Secretary, Akorede Lawal, in a statement on Saturday, described the Osun Governor’s action as a “clear disregard” for the court’s order.
NBA said it would not recognise Afolabi as the acting chief judge of Osun State.
NBA added that its 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,” NAN quoted the NBA statement as stating.
The umbrella legal body said the provisions of the 1999 Constitution are not ambiguous on how a chief judge of a state can be removed from office.
The statement read, “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 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 a superior court of competent jurisdiction sets them aside.”