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We’ll not recognise Osun acting Chief Judge, NBA tells Gov. Adeleke

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Ibrahim Ramalan
Ibrahim Ramalan
Ibrahim Ramalan is a graduate of Mass Communications from the Ahmadu Bello University (ABU) Zaria. With nearly a decade-long, active journalism practice, Mr Ramalan has been able to rise from a cub reporter to the exalted position of an editor; first as Arts Editor with the Blueprint Newspapers before resigning in 2019; second and presently as an Associate Editor of the Daily Nigerian online newspaper. He can be reached via ibroramalan@gmail.com, or www.facebook.com/ibrahim.ramalana, or @McRamalan on Twitter.
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The Nigerian Bar Association, NBA, has condemned the removal of the Chief Judge of Osun, Justice Adepele Ojo, by Gov. Ademola Adeleke.

The NBA said in a statement issued on Saturday by its National Publicity Secretary, Akorede Lawal, that it will not recognise Justice Olayinka Afolabi, the Acting Chief Judge appointed by the governor.

Lawal said that the NBA’s position was anchored on the constitutional doctrine of separation of powers and the independence of the judiciary.

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“The tenure of a judicial officer cannot and should not be subject to the mood of politicians,” he added.

The National Publicity Secretary said that the action of the governor has not only negated the principle of separation of powers but was also a clear disregard to a court order.

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Mr Lawal said the association unequivocally condemned the “unlawful” actions, adding 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.

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“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 National Judicial Council (NJC).

“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” without recourse to the NJC,” Mr Lawal said.

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According to him, NBA is troubled that in going about its actions, Osun Government chose to ignore the lawful order of interim injunction granted by the National Industrial Court sitting in Ibadan.

“The interim injuction restrained the Governor of Osun from interfering with the office of the Chief Judge of Osun State.

“All decisions of court must be obeyed and complied with until they are set aside by a superior court of competent jurisdiction,” the NBA spokesman added.

Mr Lawal, therefore, said that the NBA would not recognise Justice Afolabi as acting Chief Judge of Osun.

The substantive Chief Judge was removed by Gov. Adeleke over allegations of misconduct, abuse of power, corruption and disregard for rule of law.
NAN

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