The Nigerian Bar Association has condemned the suspension of the Osun CJ by the state government.
The House of Assembly had during plenary on Thursday ordered Justice Ojo to step aside pending the outcome of investigation into her activities.
Approving the resolution of the assembly, the governor 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 Adeleke from removing her.
Condemning the action of the government, the NBA in a statement by its National Publicity Secretary, Akorede Lawal, said her removal was unlawful.
He described the action of the governor and state lawmakers as an unwarranted assault on the judiciary and aimed at intimidating that arm of government in the state.
The statement read in part, “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 is unknown to the law of our land.”
Citing the case between Nganjiwa and FRN, he said a chief judge could not be removed without the involvement of the National Judicial Council.
The statement added, “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.”
The NBA also berated the Osun State Government for disregarding the order of a court restraining it from removing the CJ.
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 had resolved not to recognise Justice Afolabi as the acting CJ of the state.
He vowed that the association would stop at nothing to ensure that the decision of the state government did not stand.
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 cannot 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 that this impunity and brazen abuse of office does not stand.”