18th November, 2023
By Joshua Oladipo
The Nigerian Bar Association (NBA) on Saturday told Osun governor, Ademola Adeleke that its members will not recognise Justice Olayinka Afolabi whom he appointed as the Acting Chief Judge of the state to replace Justice Adepele Ojo.
Adeleke had removed Ojo from office as the Chief Judge of Osun State despite a court order stopping him from doing so.
The Governor had claimed that he acted on a resolution from the State House of Assembly to remove the Chief Judge from office.
Gov. Adeleke claimed Justice Ojo was removed over allegations of misconduct, abuse of power, corruption and disregard for the rule of law.
But the NBA, in a statement issued on Saturday by its National Publicity Secretary, Mr Akorede Lawal, said that the action of Governor Adeleke was a negation of the principle of separation of powers and a clear disregard to a court order.
Lawal said 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,” he added.
The NBA National Publicity Secretary added that the association unequivocally condemned the “unlawful” actions, adding that the provisions of the 1999 Constitution are not ambiguous as to the way and manner 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,” Lawal said.
According to him, 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 decisions of court must be obeyed and complied with until they are set aside by a superior court of competent jurisdiction,” the NBA spokesman added.
Lawal, therefore, said that the NBA would not recognise Justice Afolabi as acting Chief Judge of Osun.