The swearing-in of the newly-appointed Chief Judge of Osun State, Justice Yinka Afolabi did not hold on Friday as scheduled as Governor Ademola Adeleke faced a barrage of criticisms that he acted contrary to the powers vested in him by the Consitution of the Federal Republic of Nigeria.
The Governor who is outside the state had directed his dad, Prince Kola Odewusi to swear-in the acting Chief Judge, an action which raised a legal question on whether the Governor has the powers to do so.
Similarly, the opposition All Progressives Congress (APC), through its chairman, Tajudeen Lawal, described the removal of the CJ as vindictive and unconstitutional.
He said the removal could neither sit nor fly as he called all stakeholders in the state to condemn the action
He said: “If Governor Adeleke and his apparently confused kitchen cabinet members who are thinking for him could not know the danger in inheriting another person’s enemies by staging a war against the Chief Judge on the discreet directive of a man of yesterday who had an axe to grind with the CJ during his inglorious tenure, they should be ready for the debilitating effects of the backlash of their unpopular and illegal action.
“This is the auspicious time for all the patriots in the state to condemn the humiliation of the judiciary by Governor Adeleke whose actions and inactions in the office in about the last one year of his assumption of office have eroded the achievements of his predecessors.”
After a statement by the Osun State Osun State Commissioner for Information and Public Enlightenment, Kolapo Alimi, admitting the suspension of Justice Ojo, the state government yesterday berated the notion that the Chief Judge was suspended by the Governor.
Justice Ojo had approached the National Industrial Court, Ibadan Division over an alleged plot to remove her, following which the presiding judge, Justice Dele Peters, granted a restraining order against her removal by the Governor and three others.
Alimi in a statement yesterday noted that the petition and preliminary actions on the CJ had been sent to the National Judicial Council (NJC).
He affirmed the that the Governor had not defied any court order, stressing that “The Osun State House of Assembly which confirmed the appointment of Mrs Ojo and asked her to step aside is not a party to any ongoing case or court order.”
Alimi 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 was 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 the 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 added that “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.”
