You’re assaulting judiciary ‘ NBA tells Adeleke
The Nigeria Bar Association, (NBA), has criticized the suspension of the Chief Judge of Osun State, Justice Oyebola Ojo by the State Governor, Ademola Adeleke as an attack on the judiciary.
The NBA disclosed this in a statement, signed by its National Publicity Secretary, Akorede Habeeb on Saturday.
According to the statement, the NBA said the action of the Governor and the state government is an abuse of the rule of law and description of the Nigerian constitution.
The NBA unequivocally condemns this unlawful action by the Osun State Government. The action of the State Government is an abuse of the rule of law and a desecration of the Constitution of the Federal Republic of Nigeria 1999 ( as amended).
In very vivid terms, the actions of Governor Adeleke and the Osun State House of Assembly are an unwarranted assault on the Judiciary and aimed at intimidation.
The NBA wishes to categorically state 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. Certainly, a State House of Assembly resolution for a Chief Judge to “step aside” is unknown to the law of our land.
Furthermore, 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). Specifically, 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” by the Osun State Government without recourse to the NJC.
Reacting to the suspension, the NBA and its members shall not recognise Hon. Justice Olayinka Afolabi as the acting Chief Judge of Osun State, because the provisions of the law must be complied with strictly, in the removal of, and/or appointment of the Chief Judge of Osun State.
The NBA shall take all necessary steps to ensure this impunity and brazen abuse of office does not stand.
