The Nigerian Bar Association (NBA) has voiced its strong opposition to the dismissal of the Chief Judge of Osun, Justice Adepele Ojo, by Governor Ademola Adeleke.
The NBA has stated that it will not acknowledge the authority of Justice Olayinka Afolabi, who was appointed as the acting chief judge by the governor.
The NBA’s stance is grounded in the constitutional principle of separation of powers and the autonomy of the judiciary, according to a statement issued by the NBA’s National Publicity Secretary, Akorede Lawal.
He further stated that the term of a judicial officer should not be influenced by political considerations.
Lawal pointed out that the governor’s actions are in direct violation of the principle of separation of powers and show a blatant disregard for a court order.
The NBA has categorically denounced these actions as “unlawful”, stating that the 1999 Constitution clearly outlines the process for removing a Chief Judge from office.
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He referred to the case of Nganjiwa v. FRN (2017) LPELR-43391 (CA), stating that any allegations of misconduct related to a judicial officer’s duties must first be presented to and decided upon by the National Judicial Council (NJC).
He also mentioned a Supreme Court ruling that asserts that a state’s chief judge cannot be dismissed without first consulting the NJC.
Furthermore, the NBA expressed its concern over the Osun Government’s disregard for a lawful interim injunction issued by the National Industrial Court in Ibadan, which prohibited the Governor of Osun from interfering with the Chief Judge’s office.
Lawal emphasized that all court rulings must be adhered to until they are overturned by a higher court.
In conclusion, Lawal stated that the NBA will not acknowledge Justice Afolabi as the acting Chief Judge of Osun.
The original Chief Judge was dismissed by Governor Adeleke due to allegations of misconduct, abuse of power, corruption, and a lack of respect for the rule of law.