On Wednesday last week, a coalition of civil society organisations in Osun State accused the state governor, Ademola Adeleke and the state House of Assembly of plans to remove the state Chief Judge, Justice Adebola Adepele-Ojo.
The coalition, including the Transparency and Accountability Group, Committee for Defence of Human Rights, Dialogue 360 and the Osun Civil Society Coalition, while addressing a press conference in Osogbo, further accused the executive arm of government and legislature of interfering with the judiciary system.
A statement jointly signed by representatives of the groups, Ayodeji Ologun (TAG), Emmanuel Olowu (CDHR), Ismaheel Adedokun (Dialogue 360) and Wole Folaranmi (OSCSC), said schemes to oust Justice Ojo “appears to be a reprisal against the Chief Judge for her principled stand against attempts to manipulate the judiciary in the state.”
“The coalition of civil society groups committed to upholding the principles of justice, transparency, and the rule of law, strongly condemns the recent attempt by the Osun State Governor, Senator Ademola Adeleke, to illegally remove the Chief Judge of Osun State, Honourable Justice Adebola Adepele-Ojo. This move is particularly troubling as it appears to be a reprisal against the Chief Judge for her principled stand against attempts to manipulate the judiciary in the state.
“We hereby call on Governor Ademola Adeleke to respect the independence of the judiciary and immediately cease any attempts to remove the Chief Judge based on her principled stance. The judiciary must be allowed to operate without fear of reprisal or political interference, ensuring that justice is served impartially and without bias,” it stated.
In a swift reaction, the state government said it was unaware of any plot against the state Chief Judge, even as it affirmed its commitment to due process and stipulated regulations across the arms of government.
“The State Governor, Senator Ademola Adeleke and his team are preoccupied with delivering on good governance to the citizenry with no time for diversionary conducts.
“The government also wishes to state that the constitution and the state laws clearly spell out responsibilities of state officials. The same laws lay out rules for accountability and transparency across government sectors. The Governor and all government officials whether elected or appointed into any arm of government are not immune from the accountability process.
“The Governor is therefore not in a position to stop the legislature from doing her statutory job and neither can the Governor hamstring the judiciary in the performance of its duties.
“The Governor is however committed to supporting all arms of government to operate within the ambit of the law and constitution,” a statement signed by the Commissioner for Information and Public Enlightenment, Kolapo Alimi, read.
“The constitutional doctrine of separation of power and the independence of the judiciary should be maintained. The tenure of a judicial officer cannot and should not be subject to the whims and caprices of politicians”
Less than 24 hours after the hatched plot was uncovered, the Osun State House of Assembly during plenary on Thursday ordered that Justice Ojo should step aside pending the outcome of an investigation against her.
Approving the resolution of the assembly, Governor Adeleke reportedly appointed Justice Olayinka Afolabi as the acting Chief Judge.
Ojo’s suspension was, however, in defiance of an order of the National Industrial Court sitting in Ibadan which restrained Governor Adeleke from removing her.
The removal of the Chief Judge is not only unlawful; we see the action of the Governor and state lawmakers as an unwarranted assault on the judiciary which is aimed at intimidating the arm of government in the state.
The action of the Osun 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 unwarranted assaults on the judiciary and aimed at intimidation.
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 laws of Nigeria.
A Chief Judge cannot be removed without the involvement of the National Judicial Council.
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 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.
It is unlawful for the Osun State government to disregard the order of the court restraining it from removing the Chief Judge.
It is further annoying and disturbing that in going about its unlawful endeavour, the Osun State Government chose to ignore the lawful order of interim injunction granted by the National Industrial Court sitting in Ibadan, which restrained Governor Adeleke from interfering with the office of the Chief Judge of the state.
This is untoward, coming from a democratically elected state government.
We are of the candid point that all decisions of court must be obeyed and complied with until they are set aside by a superior court of competent jurisdiction.
All law abiding people of Osun State should stop at nothing to ensure that the illegal decision of the state government does not stand.
The constitutional doctrine of separation of power and the independence of the judiciary should be maintained. The tenure of a judicial officer cannot and should not be subject to the whims and caprices of politicians.
The provisions of the law must be complied with strictly, in the removal of, and/or appointment of the Chief Judge of Osun State.
This impunity and brazen abuse of office by Governor Adeleke must not stand.
