JUST IN: Governor Cannot Remove Judge Over Allegations ‘Via Viral Video’ — Court

The Federal High Court, Maitama, Abuja, on Thursday, declared as illegal, the investigation of the Ondo State Chief Judge, Justice Oluwatoyin Akeredolu, over a viral video made by one Olupelumi Fagboyegun.

The Chief Judge had on March 5, filed the suit before presiding judge Inyang Ekwo, to challenge the constitutionality of the acts of the Ondo state governor, Rotimi Akeredolu, who suspended and ordered her probe.

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The Attorney-General of the Federation (AGF), the National Judicial Council (NJC), Rotimi Akeredolu, the Ondo State Attorney General (AG), Ondo state House of Assembly and the Inspector General of Police were defendants in the matter.

Recall that in a video seen online on February 16, the maker, Fagboyegun, alleged that he was arrested and detained for three years because he entered his father’s house.

He also alleged that the judiciary had been frustrating his release because “I share the same father with the Chief Justice of Ondo State.”

Following the development, Ondo State governor, Rotimi Akeredolu, ordered the AG to probe the matter.

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While passing judgment on Thursday, Justice Ekwo held that the governor and his AG did not follow the constitution when it forwarded the said viral video to the state House of Assembly for investigation instead of the NJC.

The judge noted that the constitution empowers the NJC to recommend to the Governor the removal of any judicial officer and that the governor shall act on the recommendation of the NJC.

He also frowned on the way the actors jumped to conclusion relying solely on a viral video.

He observed that the state House of Assembly and the Police did not file any defense in the matter despite being served with court processes.

“The third defendant cannot suspend or remove the plaintiff on the account of an allegations made via a viral video.

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“The removal of the CJ without granting her fair hearing is altogether unconstitutional, null and void,” he said.

Ekwo also restrained the third and fourth defendants from doing anything to the prejudices of the plaintiff as the CJ of Ondo state.

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