Court Nullifies Kogi Assembly’s Resolution on Removal of Chief Judge

Kogi Chief Judge, Justice Nasir

The Kogi High Court sitting in Koton-Karfe has quashed the April 2 resolution of the state House of Assembly calling for removal of the state Chief Judge, Justice Nasir Ajanah, for alleged gross misconduct.

The court also nullified the resolution of the House in recommending Alhaji Yahaya Adamu, Chief Registrar of the state High Court, to the state Judicial Service Commission (JSC) for disciplinary action for alleged gross misconduct.

The court averred that the resolutions were in “clear violation of the orders of the court.

The judge, Justice Alaba Omolaye-Ajileye, nullified the resolutions in his ruling in the suit brought by the Chief Judge and Chief Registrar of the court.

Omolaye-Ajileye said he had come to the “irresistible conclusion” that the resolution of the House recommending the removal or stepping aside of the chief judge for alleged gross misconduct must not be allowed to stand.

He said that the resolution, having been reached in “clear violation of the orders of this court, is accordingly hereby set aside and declared a nullity.”

The judge further set aside and declared a nullity in the same vein the recommendation of the Chief Registrar to the JSC for disciplinary action over alleged gross misconduct.

He said that the Kogi State House of Assembly is subject to the rule of law and is required to obey and not break the law.

“With the positive orders of this court made on December 13, 2018 and reinforced on December 18, 2018, Kogi State House of Assembly ought not to have done anything to give the impression that it was trying to pre-empt the decision of this court.

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“It is tragic that the respondents whose primary responsibility is to make laws for the peace, order and good government of Kogi State would be the same institution to be associated with violation of court orders,” he said.

The judge said it was his considered view that the action of the House in sitting on the matter and issuing a resolution for effect was “a blatant and an impudent act, which ought not to be tolerated or encouraged in a democratic setting.

“It was an audacious and arbitrary display of naked power, an act that is contrary to all constitutional and democratic tenets.”

Ajanah and Adamu had approached the court by way of an interlocutory application.

They prayed for an order nullifying and setting aside the resolutions passed by the House at its sitting on April 2, 2019.



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