The Nigerian Bar Association (NBA) has condemned the suspension of the Chief Judge of Osun State, Oyebola Ojo, by the state government and the appointment of Olayinka Afolabi in his replacement.

The body of lawyers, however, declared that it would not recognise Afolabi as the CJ of Osun State, while vowing that it would ensure that the decision of the state government does not stand.

The State House of Assembly had Thursday, during plenary ordered the suspended Justice Ojo to step aside pending the outcome of the investigation against her.

Approving the resolution of the assembly, on Friday, Governor Adeleke, appointed Justice Olayinka Afolabi as the acting Chief Judge.

The National Industrial Court sitting in Ibadan had earlier granted order restraining the governor from removing the CJ, but the order was disobeyed.

Osun Governor Adeleke Defies Court Order, Appoints Afolabi Acting Chief Judge After Suspending Oyebola Ojo

Nov 16, 2023

Reacting to the suspension of the former CJ, in a statement the body of Nigerian lawyers described Ojo’s removal as unlawful and unwarranted assault on the judiciary.

In the statement signed by the National Publicity Secretary, Akorede Lawal, the NBA maintained that action of the governor and the state lawmakers are abuse of the rule of law which was intended to intimidate the judiciary arm of government in the state.

“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 unwarranted assaults 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’ s unknown to the law of our land.”

NBA spokesperson explained that under the case of Nganjiwa and FRN, 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 added, “The NBA is further worried and troubled 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 the Governor of Osun State from interfering with the office of the Chief Judge of Osun State.

“This is untoward, coming from a democratically elected state government. All decisions of court must be obeyed and complied with until they are set aside by a superior court of competent jurisdiction.

Lawal said, “The NBA’s position is anchored on the constitutional doctrine of separation of power and the independence of the judiciary. The tenure of a judicial officer can not and should not be subject to the mood of politicians.

“To this extent, 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!”