The Osun State Governor, Ademola Adeleke, has responded to the Nigerian Bar Association (NBA) over its claim that his suspension of the state’s Chief Judge, Adepele Ojo, contravened the 1999 Constitution.
Adeleke’s decision to suspend Justice Ojo had sparked widespread criticism, with many questioning the legality and adherence to due process in the move.
Various stakeholders, including the Nigerian Bar Association (NBA) and civil society groups, kicked against Ojo’s suspension and planned appointment of Justice Yinka Afolabi as Acting Chief Judge of the state.
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The NBA described Adeleke’s action despite a restraining court order as abuse of power and desecration of the Constitution.
“In very vivid terms, the actions of Governor Adeleke and the Osun State House of Assembly are 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,” the association had said in a statement by its spokesperson, Akorede Habeeb Lawal.
But responding through the Osun Commissioner for Information and Public Enlightenment, Kolapo Alimi, Governor Adeleke clarified that he had not removed Justice Ojo or appointed Justice Afolabi as Acting CJ.
Instead, the governor said he merely informed the Chief Justice of Nigeria (CJN) about the Osun State House of Assembly’s resolution calling for Ojo’s suspension and the recommendation to appoint an acting chief judge.
According to Governor Adeleke, he acted in accordance with the law by referring the matter to the National Judicial Council (NJC), the body responsible for judicial appointments and discipline.
He further stated that he recommended Justice Afolabi, the most senior judicial officer, for consideration by the NJC.
Alimi said, “It is important to set the records straight that Governor Adeleke has only duly notified the Chief Justice as the Chairman of the National Judicial Council (NJC) in writing about the resolutions of the House of Assembly following a series of petitions made against the sitting Chief Judge of Osun State.
“In the communication, Mr Governor intimated the CJN of the recommendation of the House that the Chief Judge should step aside and included his own submission for an acting appointment to fill the vacuum while the NJC reviews and decides on the petition.
“To that end, the Governor in the same letter recommended to the CJN, the appointment of the most senior judicial officer, Hon.Justice Olayinka David Afolabi for thorough consideration and further processing by the same NJC through the CJN.
Alimi continued, “We urge the public to note that while the House of Assembly recommended the appointment of a replacement to the Governor in its resolution, the Governor however toed the line of law by writing the CJN on the entire development and submitting all materials for NJC as mandated national agency.
“We therefore wish to state categorically that Governor Adeleke has not appointed any judicial official as Acting Chief Judge and nobody has been sworn as Acting Chief Judge of Osun state.”
THE WHISTLER reports that Ojo’s suspension has created a vacuum in the Osun Judiciary. Justice Afolabi had failed to avail himself for scheduled swearing-in as Acting Chief Judge of the state on Friday.