The Nigerian Bar Association (NBA) has opposed Gov. Ademola Adeleke’s suspension of Osun Chief Judge, Justice Adepele Ojo.
The NBA said in a statement issued on Saturday by its National Publicity Secretary, Mr. Akorede Lawal, that it will not recognize Justice Olayinka Afolabi, the governor’s designated acting top judge.
Lawal stated that the NBA‘s position was founded on the fundamental doctrines of separation of powers and judicial independence.
“The tenure of a judicial officer cannot and should not be subject to the mood of politicians,” he added.
The National Publicity Secretary said that the action of the governor has not only negated the principle of separation of powers but is also a clear disregard for a court order.
Lawal stated unambiguously that the association denounced the “unlawful” activities, adding that the provisions of the 1999 Constitution are not unclear as to how and in what manner a Chief Judge of a state might 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 concerned that the Osun Government opted to disregard the valid order of temporary injunction obtained by the National Industrial Court sitting in Ibadan in carrying out its acts.
“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 they are set aside by a superior court of competent jurisdiction,” the NBA spokesman added.
As a result, Lawal stated that the NBA will not recognize Justice Afolabi as the acting Chief Judge of Osun.
Adeleke removed the substantive Chief Judge due to alleged misbehavior, abuse of power, corruption, and contempt for the rule of law.
