Supreme Court Reinstates Sacked Kwara Chief Judge

About three years after her unceremonious removal from office by former governor of Kwara state, Bukola Saraki, the Supreme Court on Friday reinstated the Chief Judge of Kwara State, Justice Raliat Elelu-Habeeb.

The apex court ruled that the state governor does not have the absolute power to remove her from office without input from the National Judicial Council.

A 7-man panel of the court in a unanimous decision held that the NJC had a role to play before a state governor could remove the chief judge of the state from office.

Justice Mahmud Mohammed who delivered the court’s judgment held that when all the relevant provisions of the constitution were read together, it became obvious that a state governor could not remove a chief judge from office without having recourse to the NJC.

According Justice Mohammed, “it is not difficult to see that for the effective exercise of the powers of removal of a chief judge of a state by the governor and house of assembly, the first port of call by the governor shall be the NJC.

He maintained that the cuncil is equipped with the personnel and resources to investigate the inability of the chief judge to discharge the functions of his office, the subject of disciplinary action of removal through the committees of the council.

After citing several sections of the constitution, Justice Mohammed further held that from very clear provisions of the constitution which are very far from being ambiguous, that governors of the states and the houses of assembly of the states cannot exercise disciplinary control touching on the removal of chief judges of states or other judicial officers in the states.

Justice Elelu-Habeeb was sacked by former governor Bukola Saraki in 2009. She consequently dragged the government of Kwara State to the Federal High Court challenging the power of the state’s House of Assembly and the State Government to initiate disciplinary action against her.

By Nnamdi Felix / Abuja