The Nigerian Bar Association (NBA) has strongly criticized the removal of Osun’s Chief Judge, Justice Adepele Ojo, by Governor Ademola Adeleke, stating that it will not acknowledge Justice Olayinka Afolabi, the Acting Chief Judge appointed by the governor.
In a statement released on Saturday, NBA’s National Publicity Secretary, Akorede Lawal, emphasized the association’s refusal to recognise Justice Afolabi, citing the constitutional doctrine of separation of powers and the independence of the judiciary.
Lawal asserted, “The tenure of a judicial officer cannot and should not be subject to the mood of politicians.”
According to Lawal, the governor’s action not only violates the principle of separation of powers but also displays a blatant disregard for a court order.
He further stated, “The association unequivocally condemns the ‘unlawful’ actions, emphasizing that the provisions of the 1999 Constitution are explicit regarding the removal of a Chief Judge of a state.
“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 reiterated.
The NBA expressed concern over the Osun Government’s disregard of the lawful order of interim injunction granted by the National Industrial Court sitting in Ibadan.
“The interim injuction restrained the Governor of Osun from interfering with the office of the Chief Judge of Osun State.
Lawal concluded by affirming that the NBA would not acknowledge Justice Afolabi as the acting Chief Judge of Osun.
The substantive Chief Judge was removed by Governor Adeleke over allegations of misconduct, abuse of power, corruption, and disregard for the rule of law. (NAN)
