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Tag: ADELEKE

  • Showdown in Osun as NBA rejects Adeleke’s Acting CJ

    Showdown in Osun as NBA rejects Adeleke’s Acting CJ

    • We’ll see in court if illegality is not reversed–SERAP

    The Nigerian Bar Association (NBA) has kicked against the suspension of the Chief Judge of Osun State, Justice Oyebola Ojo by Governor Ademola Adeleke.

    The Nation recalled that the Osun State House of Assembly on Thursday recommended suspension of the CJ after which Adeleke approved the recommendation and directed that Justice Yinka Afolabi be sworn in to acting capacity.

    However, the NBA through its National Secretary, Publicity Secretary, Akorede Lawal in a statement, yesterday morning, said it would not recognize anyone as Acting CJ.

    The association described the action of the state government as illegal, breach of rule of law and assault against the judiciary coming from a democratically elected governor.

    He noted that “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).

    The statement reads: “In very vivid terms, the actions of Governor Adeleke and the Osun State House of Assembly are unwarranted assault 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.

    “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 National Judicial Council (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 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. 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.

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    “The NBA shall take all necessary steps to ensure this impunity and brazen abuse of office does not stand!” He ended.

    However, the state government on Friday denied the claims that Justice Ojo was suspended by Governor Adeleke.

    The Nation also gathered that Adeleke had earlier directed his deputy, Kola Adewusi, to swear in Justice Yinka Afolabi in acting capacity at the Exco’s Lounge, Governor’s office by 10 am yesterday.

     Findings by The Nation revealed that the swearing in ceremony ordered by Adeleke could not hold due to procedural hiccups encountered by the executive arm.

    The Commissioner of Information and Public Enlightenment, Kolapo Alimi, confirmed Friday that the swearing in ceremony for the acting CJ could not be held.

    He said the state government was waiting for the decision of the National Judicial Council (NJC) after the body was notified of the suspension of the CJ.

    Alimi said: “The deputy governor just returned from Abuja this evening. He was directed to inform the NJC of the resolution of the Assembly on the development. A letter has been sent to NJC, we are waiting for the directive of NJC before further action. 

    “The swearing-in could not hold. There is a vacuum in the third arm of government because the woman has been asked to step aside. But notwithstanding the vacuum, the NJC has been notified. If there is any vacuum, it is because of NJC.”

    Reacting to the development, the coalition of civil society groups in Osun State under the aegis of The Osun Masterminds, through its Executive Director, Prof. Wasiu Oyedokun-Alli, kicked against the removal of CJ, warning that Justice Yinka Afolabi must not avail himself for swearing in to denigrate the judicial institution.

    We’ll see in court if illegality is not reversed–SERAP

    Reacting, the Socio – Economic Rights and Accountability Project (SERAP) has threatened to sue the Osun State governor if the suspension is not reversed.

    SERAP in a post on its official “X” handle, @SERAPNigeria, said: “Osun State Governor Ademola Adeleke must immediately reverse his apparently unlawful removal of Adepele Ojo as the Chief Judge of Osun State. This vicious cycle of authoritarian attacks on the rule of law must stop. We’ll see in court if this illegality is not reversed.“

  • We’ll not recognise Osun Acting CJ, NBA tells Gov. Adeleke

    We’ll not recognise Osun Acting CJ, NBA tells Gov. Adeleke

    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, Mr 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.

    “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.

    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.

    “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,” Lawal said.

    Read Also: JUST IN: Adeleke denies suspending Osun Chief Judge

    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.

    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)

  • Removal of Osun CJ illegal, NBA kicks, blasts Adeleke

    Removal of Osun CJ illegal, NBA kicks, blasts Adeleke

    The Nigeria Bar Association(NBA) has kicked against the suspension of Osun Chief Judge Justice Oyebola Ojo by Governor Ademola Adeleke. 

    The Nation reported Osun Assembly on Thursday recommended suspension of 

    the CJ after which Adeleke directed Justice Yinka Afolabi be sworn in to acting capacity. 

    However, the NBA through its National Secretary, Publicity Secretary, Akorede Lawal in a statement on Saturday morning said the body won’t recognise anyone as Acting CJ. 

    The association described the action of the State Government as illegal, breach of rule of law and assault against the judiciary coming from democratically elected governor. 

    It said: “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 assault 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. 

    “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 National Judicial Council (NJC).”

    Read Also: JUST IN: Adeleke denies suspending Osun Chief Judge

    It added: “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 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. 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!” 

  • JUST IN: Adeleke denies suspending Osun Chief Judge

    JUST IN: Adeleke denies suspending Osun Chief Judge

    The Osun State Government has denied claims that the Chief Judge of Osun State, Justice Oyebola Ojo, was suspended by Govenor Ademola Adeleke.

    The Nation recalled that Justice Ojo approached the National Industrial Court, Ibadan division over plots to remove her which the presiding judge, Justice Dele Peters granted restraining order to Governor Adeleke and three others from removing her.

    However, Justice Ojo was suspended and Adeleke ordered that Jistice Yinka Afolabi should be sworn in to acting capacity pending the time Osun State House of Assembly will investigate the petite filed against her.

    Meanwhile, the state government through the commissioner for Information and Public Enlightenment, Kolapo Alimi in a statement on Friday noted that the petition and preliminary actions on the Osun state Chief Judge have been sent to the National Judicial Council (NJC).

    He affirmed the that Governor Adeleke has not defied any court order, stressing that “the Osun State House of Assembly that confirmed the appointment of Mrs Adepele Ojo, asked her to step aside is not a party to any ongoing case or Court Order.

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    He said: “It is safe to assert that all that are being posted online are mere stunts as the government is not aware of any pending case at this material moment. We also call the attention of the public that the misappropriated money over which investigation is being carried out were appropriated by the State House of Assembly and the body has constitutional right to inquire how money it appropriated was applied.

    “The staff of Osun State Judiciary, who are being denied their right by the Chief Judge and some of who joined in the petition, are employees of the Osun State Government under the authority of OSHA. We re-assure the public that appropriate representation has been made to National Judicial Council, over the development and we affirm that the Chief Judge was not suspended by the Governor, as being mischievously represented by some sections of the media.”

    He enlightened that the State Assembly on the premise that an official cannot be on the seat whilst investigation is ongoing, that asked the Chief Judge to step aside.

    He added: “The Governor only acted on the resolution of the House. To ensure there is no vacuum, the Governor appointed an Acting Chief Judge, as prescribed by the Constitution in a situation like this. It is therefore the responsibility of the State Assembly to inform the public, NJC, and the Governor about its findings, on the conclusion of its investigation, and also make resolutions on the next line of action.

    “We want to put it on record that the Governor is a law-abiding person and will not do anything to compromise the rule of law. Whenever the court processes are served on the persons listed as Defendants in the alleged suit ( if any), they would take appropriate steps to react.”

  • Adeleke suspends CJ despite court order

    Adeleke suspends CJ despite court order

    Osun State Governor Ademola Adeleke yesterday suspended the Chief Judge, Justice Oyebola Adepele-Ojo, replacing her with Justice Yinka Afolabi in an acting capacity.

    This is despite an interim injunction by Justice Dele Peters of the National Industrial Court sitting in Ibadan restraining the governor from removing the CJ or terminating her appointment.

    Justice Peters ruled on a motion ex-parte filed by Justice Ojo through her counsel, Oladipo Olasope (SAN).

    Adeleke, the Attorney-General and Commissioner for Justice, the Osun Judicial Service Commission and the Accountant-General are the defendants.

    But, the governor, in a statement by his spokesperson, Olawale Rasheed, said the CJ’s removal followed his approval of a resolution of the House of Assembly.

    According to him, the House asked Justice Adepele Ojo to step aside pending investigation of allegations of misconduct, abuse of power, corruption and disregard for the rule of law against her. 

    The statement reads: “In the resolution of the Osun Assembly sitting today (yesterday), the House resolved that the Executive should be informed of the House resolution and that the next in order of seniority to Justice Adepele-Ojo be sworn in immediately to avoid any vacuum in the third arm of government in Osun State.”

    According to the statement, the House had asked its Committee on Judiciary, Public Petitions and Legal Matters to investigate the petitions against Justice Adepele-Ojo and report within seven days.

    The lawmakers had also stated that pending the outcome of the investigation, Justice Adepele-Ojo should step aside, “not for any disciplinary action, but to allow for proper investigation of the allegations”.

    It was also resolved that the Executive should immediately notify the National Judicial Council (NJC) and the State Judicial Service Commission of the resolutions.

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    The spokesman said based on the resolutions, the governor has directed his Deputy to swear in Justice Afolabi today at the Executive Lounge of the Governor’s Office in Osogbo.

    Justice Peters, aside from restraining Adeleke from removing the CJ, had directed him to fortify security around Justice Adepele-Ojo to protect her from all forms of harassment pending the determination of the suit. 

    The order reads: “An order of interim injunction is issued restraining the defendants by themselves or their agents or privies howsoever so-called from interfering with, removing, reversing or terminating the appointment and conditions of service of the applicant as the Hon. Chief Judge of Osun State including but not limited to salaries and other pecuniary benefits pending the determination of the interlocutory application.

    “An order is here issued mandating the fourth defendant (Accountant-General) to continue to pay the salary, entitlements, emoluments and other benefits and money the applicant is entitled to as the Hon. Chief Judge of Osun State pending the determination of the interlocutory application.

    “Taking cognisance of the gender of the applicant as a wife, a mother and a grandmother, the first defendant as the chief security officer of Osun State with keys to all security apparatus is ordered and directed to ensure adequate protection to the applicant from all forms of harassment from all quarters pending the hearing and determination of the originating summons.

    “Finally, it is directed that the second defendant (Attorney-General) as the chief law officer of Osun State will appropriately advise the defendants in general and the first defendant (governor) in particular on the imperative of complying fully with the orders of this court.”

    Justice Peters adjourned till December 12 for a hearing of the motion. 

  • BREAKING: Adeleke defies court order, suspends Osun CJ

    BREAKING: Adeleke defies court order, suspends Osun CJ

    Governor Ademola Adeleke has defied the order by the National Industrial Court stopping him from removing the Osun State Chief Judge, Oyebola Ojo.

    Adeleke on Thursday, November 16, through his spokesperson, Olawale Rasheed, announced that he has approved the suspension of Justice Ojo following the resolution of the Osun State House of Assembly.

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    He noted that he has approved the appointment of Justice Olayinka Afolabi as the new acting CJ for the state.

    Details shortly…

  • Adeleke directs public servants to wear Adire fabric every Wednesday

    Adeleke directs public servants to wear Adire fabric every Wednesday

    Gov. Ademola Adeleke of Osun has directed all public servants in the state to wear Adire to work every Wednesday to promote Nigerian culture.

    The directive is contained in a circular issued by the state Head of Service, Mr Ayanleye Aina, on Thursday in Osogbo.

    The circular said the directive affected all categories of public servants across ministries, departments and agencies.

    It also affected tertiary institutions, local governments, local development councils and area offices.

    ”Consequently, every Wednesday is adopted as Adire Osun day with all accounting officers and heads of agencies expected to comply with the directive.

    “Additionally, all political appointees are also expected to comply with the directive from the State Executive Council to special advisers, and other categories of appointees”, it said.

    The circular further said the governor presented the issue of wearing Adire during the last State Executive Council meeting and it was unanimous approved and adopted.

    The circular quoted Adeleke as saying that Adire, actually had its source from Osun, noting that the new decision will reassert the traditional claim of Osun to the adire genre.

    The governor recalled his meeting with the Gov. Dapo Abiodun of Ogun, where the duo resolved to host annual Adire Day celebration.

    Adeleke further announced his administration’s plan to create mini-industrial clusters to support the Adire industry and other craft sub-sectors in the state.

    Read Also: BREAKING: Court restrains Adeleke from removing Osun CJ, orders fortification of security

    “Our administration is working on the creation of SME industrial clusters.

    “The Adire and other craft sub-sectors will be supported to grow and flourish.

    “By this decision, we are determined to rebuild the Adire industry, that is under threat from foreign mass producers.

    “We are poised to breathe life into our culture with Osun as the cradle of the Yoruba nation,” he said.

    The News Agency of Nigeria (NAN) recalled that Adeleke’s predecessor, Gboyega Oyetola, had on July 11, 2021 directed all civil servants to wear Adire every Thursday to boost the fabric industry. (NAN)

  • BREAKING: Court restrains Adeleke from removing Osun CJ, orders fortification of security

    BREAKING: Court restrains Adeleke from removing Osun CJ, orders fortification of security

    The National Industrial Court, Ibadan division presided over by Justice Dele Peters on Thursday, November 16, restrained Governor Ademola Adeleke from removing the Chief Judge of Osun State, Justice Oyebola Ojo.

    The court also directed Adeleke to fortify security around Justice Ojo to protect her from all forms of harassment, pending the determination of the suit filed before the court.

    In an interim order obtained by The Nation dated November 16th, 2023, the presiding Judge of National Industrial Court, Justice Dele Peters granted the motion experte filed by Chief Judge of Osun State, Justice Oyebola Ojo through her counsel, Oladipo Olasope, SAN.

    The suit with number NICN/IB/61/2023 filed by the CJ, Justice Adepele Ojo against Governor Adeleke, Attorney General of Osun State, Osun State Judicial Service Commission and Accountant General of Osun State retrained the four defendants following the motion exparte filed on 15th November 2023.

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    The order read: “An order of interim injunction is issued restraining the defendants by themselves or their agents or privies howsoever so-called from interfering with removing, reversing or terminating the appointment and conditions of service of the Applicant as the Hon. Chief Judge of Osun State including but not limited to salaries and other pecuniary benefits pending the determination of the interlocutory application.

    “An order is here issued mandatory for the 4 Defendant (Account General) to continue to pay the salary, entitlements, emoluments and other benefits and money the Applicant is entitled to as the Hon. Chief Judge of Osun State pending the determination of the interlocutory application.”

    “Taking cognisance of the gender of the Applicant as a wife, a mother and a grandmother, the first defendant as the Chief Security Officer of Osun State with keys to all security apparatus is ordered and directed to ensure adequate protection to the Applicant from all forms of harassment and from all quarters pending the hearing and determination of the originating summons.”

    It was added: “Finally, it is directed that the 2nd Defendant(Attorney General) as the Chief Law Officer of Osun State will appropriately advise the Defendants in general and the 1st Defendant in particular on the imperative of complying fully with the orders of this Court.”

    Justice Peters hereby adjourned the case to December 12th, 2023 for hearing the pending motion.

  • Adeleke sued for dissolving board members 

    Adeleke sued for dissolving board members 

    The statutory board members dissolved by the Osun State Government have sued Governor Ademola Adeleke at the National Industrial Court over ‘unlawful’ termination of their appointment. 

    The board members of Osun State Independent Electoral Commission (OSSIEC), Judiciary Service Commission, Civil Service Commission and Osun State House of Assembly Service Commission were appointed by the past government. 

    Governor Adeleke on Monday dissolved the boards and announced new members. He swore them in after confirmation by the House of Assembly. 

    In four separate suits by the dissolved board members dated November 13, 2023, they sought the court to declare their dissolution as illegal, ultra vires and unconstitutional. 

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    The defendants in the originating summons are Governor of Osun State, Attorney-General and Commissioner for Justice, Commissioner for Finance and Osun State House of Assembly.

    The plaintiffs, including Olusegun Oladitan (ex-OSSIEC chair), Babafemi Olatunji (Civil Service Commission), Adebayo Waliyu (Judicial Service Commission) and Awolola Abiodun (House of Assembly Service Commission) through their counsel, Kunle Adegoke, SAN, asked the court to compel the government and its agents to reinstate the boards to complete its five years tenure. 

    Three board chairmen and members urged the court to order the defendants to pay their salaries and emoluments from November 2023 till the expiration of their tenure and also demanded damages to the tune of N500 million. 

  • Osun Assembly confirms Adeleke ’s nominees for statutory boards

    Osun Assembly confirms Adeleke ’s nominees for statutory boards

    Osun House of Assembly yesterday screened and confirmed nominees of Governor Ademola Adeleke into four statutory boards.

    The News Agency of Nigeria (NAN) reports that the boards are Osun State Independent Electoral Commission (OSIEC), Osun Judicial Service Commissi  on, Osun Civil Service Commission and Osun Assembly Service Commission.

    Speaker Mr. Adewale Egbedun said the exercise became expedient in order to fill the vacuum created by the dissolution of the boards.

    “This emergency plenary session becomes imperative to avoid unnecessary vacuum in the state statutory commissions.

    “It will be recalled that this honourable House recommended the dissolution of these commissions about two weeks ago based on report of the House Committee on Public Petitions, which investigated petitions submitted against members of these commissions among other allegations.

    “In order to enhance seamless operations in these commissions, therefore, it is very important and urgent for the house to screen and possibly confirm the nominees forwarded by the governor to fill the vacancies created by the dissolution,” he said.

    He said the governor could go ahead and inaugurate the nominees after the assembly had screened and confirmed them.

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    NAN reports that nominees for Osun State Independent Electoral Commission (OSIEC) were Mr Hasim Abioye (Chairman), Adedapo Ayodeji, Mr Niyi Abioye, Mr Timothy Folarin, Chief Raufu Sikiru and Mr Wale Iyaniwura.

    Mr Ishola Tewogbade, Mr Adedunmade Onibokun, Mr Gbadegesin Olajide and Mrs Linda Bibilari (Osun Judicial Service Commission).

    Mr Mufutau Oluwadare (Chairman), Agbofiseti Akano, Adekunle Olaniyan, Olojede Akindele and Alhaji Fakorede Raifu (Osun Civil Service Commission)

    Mr Adekunle Oyekunle (Chairman), Mr Okun Obiremi, Mr Adebusola Taiwo, Sulaimon Adio, and Yinka Adetoyi (Osun Assembly Service Commission).