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.”
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