The Nigerian Bar Association (NBA) strongly condemns the removal of Chief Judge Justice Adepele Ojo by Governor Ademola Adeleke in Osun State.
In an official statement, the National Publicity Secretary of the NBA, Mr. Akorede Lawal, declared the association’s refusal to recognize Justice Olayinka Afolabi, the Acting Chief Judge appointed by the governor.
Lawal underscored that the NBA’s position is firmly grounded in the constitutional principles of the separation of powers and the independence of the judiciary. He argued that the tenure of a judicial officer should not be at the mercy of political whims.
The National Publicity Secretary denounced the governor’s actions, asserting that they not only violated the fundamental principle of the separation of powers but also displayed a blatant disregard for a court order. Lawal unequivocally condemned what he described as “unlawful” actions, emphasizing that the 1999 Constitution clearly delineates the proper procedure for the removal of a Chief Judge.
He referenced legal precedents, including Nganjiwa v FRN (2017) LPELR-43391 (CA) and Elelu-Habeeb & Anor v AG Federation & Ors (2012) 12 NWLR (Pt 1318) 423, which establish that any misconduct by a judicial officer must be reported to and determined by the National Judicial Council (NJC).
The NBA expressed deep concern over the Osun Government’s blatant disregard for a lawful interim injunction granted by the National Industrial Court, which restrained the governor from interfering with the Chief Judge’s office.
Lawal stressed the imperative of obeying court decisions until they are set aside by a superior court of competent jurisdiction. Consequently, the NBA emphatically declared its non-recognition of Justice Afolabi as the Acting Chief Judge of Osun.
The substantive Chief Judge was removed by Governor Adeleke over allegations of misconduct, abuse of power, corruption, and disregard for the rule of law.