NBA: We won’t recognise Osun acting CJ | Politicians’ mood shouldn’t determine tenure of judges

The Nigerian Bar Association (NBA) has condemned the removal of Adepele Ojo as the chief judge of Osun state.

On Thursday, Ademola Adeleke, governor of Osun, suspended Ojo from office and approved the appointment of Olayinka Afolabi as the acting chief judge.

Ojo was suspended despite an order by the National Industrial Court restraining the governor from removing her from office.

In a statement issued on Saturday, Akorede Lawal, national publicity secretary of the NBA, said the action of the governor is a “clear disregard” for the court’s order.

Lawal said the NBA will not recognise Afolabi as the acting chief judge.

The national publicity secretary said the NBA’s position is 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 Lawal as saying. 

Lawal said the provisions of the 1999 Constitution are not ambiguous on how a chief judge of a state can 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 statement reads.

“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.”