The National Industrial Court of Nigeria, sitting in Ibadan, Oyo State, has restrained the Osun State Governor, Ademola Adeleke, from removing the State Chief Judge, Adepele Ojo and Michael Obidiya, as the secretary of the state Judicial Service Commission.

The court gave the orders following two separate suits filed by Ojo and Obidiya through their counsel, Oladipo Olasope.

Ojo in a suit number NICN/IB/6123 filed by her counsel, had dragged Adeleke before the court and joined in the matter, Osun State Attorney General, Osun State Judicial Service Commission and the state Accountant General.

The claimant in a motion ex-parte dated November 15, 2023, prayed the court for an order of interim injunction, restraining the defendants from removing, reversing, or terminating her appointment and conditions of service as the Chief Judge of Osun State, “including but not limited to salaries and other pecuniary benefits, pending the determination of the interlocutory application.”

Ojo also sought an order mandating the 4th defendant to continue to pay her salary, entitlements, emoluments, remuneration and other benefits as the Chief Judge of Osun State, pending the determination of the interlocutory application.

Upon hearing Olasope, counsel to the claimant, D. Peters, subsequently held, “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 4th Defendant to continue to pay the salary, entitlements, emoluments and other benefits and money the Applicant is entitled to the Hon. Chief Judge of Osun State pending the determination of the interlocutory application.”

The court adjourned the matter for hearing of the pending motion on notice till December 12, 2023.

Similarly, ruling on an ex-parte motion with suit number NICN/IB/60/23, brought by Obidiya against Adeleke, Attorney General, State Judicial Service Commission and the State Accountant General, Justice Peters granted the reliefs sought by the claimant.

The court subsequently issued an interim order restraining the defendants from removing, reversing or terminating the appointment and conditions of service of the applicant as the Secretary of the Osun State Judicial Service including but not limited to salaries and other pecuniary benefits pending the determination of the interlocutory application.

The court further held, “An order of interim injunction is here issued restraining the Defendants from appointing Mrs. Abosede Fagbola to the position of secretary of the Judicial Service Commission and or giving effect to the circular issued by the Defendants dated 7th November 2023 transfering the said Mrs Abosede Fagbola to the Judicial Service.

“The 4 Defendant, Accountant General of Osun State, is here ordered and directed to continue to pay the salary, entitlements, emoluments, remuneration and other benefits.”

The court adjourned the matter till December 12, 2023, for hearing of the pending motion on notice.


https://punchng.com/court-stops-adeleke-from-removing-osun-cj/

Hmm 🤔. Fight between executive and the judiciary arm of government has started already

BREAKING: Adeleke sacks Osun State Chief Judge

Despite an order of the National Industrial Court restraining Osun State Governor, Ademola Adeleke, from removing or interfering with the judiciary, the Governor has approved the suspension of the Chief Judge, Justice Adepele Ojo.

A statement issued by the Governor’s spokesperson, Olawale Rasheed, on Thursday, stated that the Governor approved the resolution of the House of Assembly asking the Chief Judge to step aside over the allegation of misconduct.

Nigerian Tribune has earlier reported that Justice Ojo dragged Adeleke to court and secured an injunction to restrain the governor from removing her.

Osun CJ drags Gov Adeleke to court over alleged plot to sack her
Sacrifice your security votes like Adeleke, Olajengbesi urges Govs
Fire destroys 17 shops in Osun market

However, on Thursday evening, Adeleke said he “has approved the resolution of the Osun State House of Assembly asking the Osun State Chief Judge, Adepele Ojo, to step aside the pending investigation of allegations of misconduct, abuse of power, corruption, and disregard for rule of law against her by the House of Assembly”, it reads partly.”

According to Rasheed’s statement, “The state House Of Assembly after its resolution on Thursday on the floor of the House however resolved 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.

“The house had earlier stated that, based on various petitions received against the Chief Judge of Osun State bothering on gross misconducts, abuse of office, corruption and lack of respect for due process and rule of law, this Honourable House, in performance of its oversight functions and exercise of its investigative powers vested by the 1999 Constitution of Nigeria (as amended).

Adeleke’s spokesman stated further that the House resulted “That the Committee on Judiciary, Public Petitions and Legal Matters investigate the petitions against the Chief Judge of Osun State, Honourable Justice Adepele Ojo, by inviting the Chief Judge and report to the House within 7 days from today.

“That pending the outcome of the investigation, the Chief Judge of Osun State, Honourable Justice Adepele Ojo should step aside, not for any disciplinary action, but to allow for proper investigation of the allegations.

“That while she steps aside pending the investigation, the Executive Governor should immediately swear in the next judge in order of Seniority as the Acting Chief Judge of Osun State.

“The Executive should immediately notify the National Judicial Council and the State Judicial Service Commission of the resolutions of this House immediately for their awareness.

“That the Clerk of this House should forward the resolutions of this House to the Executive, the National Judicial Council and the State Judicial Service Commission

“Meanwhile, following the approval of the resolution of the House by the Governor, the Deputy-Governor has been directed by the Governor to perform the swearing-in ceremony of the Acting Chief Judge of Osun State which will be held tomorrow at the Executive Lounge, Governor’s Office, Osogbo,” he concluded.



https://tribuneonlineng.com/breaking-adeleke-sacks-chief-judge/

Politicstoday:
Hmm 🤔. Fight between executive and the judiciary arm of government has started already

And the judiciary is the ref

thesicilian:

And the judiciary is the ref

I don’t think the executive will survive it . I dey shake my head

Politicstoday:
I don’t think the executive will survive it . I dey shake my head

Lol. Can the cockroach ever be found innocent in a case presided over by the hen?

thesicilian:

Lol. Can the cockroach ever be found innocent in a case presided over by the hen?

nope. It’s only a rat that can preside over it or snake 🐍 😂

I don't know why governors don't learn from history. Governors and house of assembly cannot remove a chief judge of a state.The
chief judge is only answerable to the NJC.
NJC will never allow a chief judge to be
removed by state governors,no matter how
corrupt the cjn is.

Jorussia:
I don't know why governors don't learn from history. Governors and house of assembly cannot remove a chief judge of a state.The
chief judge is only answerable to the NJC.
NJC will never allow a chief judge to be
removed by state governors,no matter how
corrupt the cjn is.

Hmm I see.

Governor Adeleke should take things easy. Suspending the state Chief Judge after a court gave order against such action is like bringing home ant infested wood.
NJC will not consider any name he is planning to send to them, and this will affect the judicial process in the state.

Gov Jackson Adeleke has started problems in Osun. Haba!! I hope this has nothing to do with Kogi shah

This is what you get when you voted none educated to the highest position in Nigeria. How will he understand the Constitution he doesn't have time to read The desision of the by removing that chief Judge show how people are acting for the governor.

This foolish gov want to cause confusion on osun judiciary just like he did it with Ospoly...

Politicstoday:
Hmm 🤔. Fight between executive and the judiciary arm of government has started already

No, Adeleke is not having any problem with judiciary.

REMOVAL OF OSUN C. J; JOKE TAKEN TOO FAR.
The purported removal of Osun State Chief Justice, Justice Adepele Ojo, by Osun State Governor, is not only illegal but it’s a patient violation of the rule of law.
Despite the denial by Osun State government of the plot to remove the State's Chief Judge, Justice Adepele Ojo, and the position of National Industrial Court, Ibadan Division on the matter, Osun State Governor, Governor Ademola Adeleke still forge ahead to suspend the Chief Justice.
No doubt, the purported removal of Chief Justice is unwarranted. Chapter 7. Part 4. Section 292 of Nigeria constitution clearly lists the instances when the Chief Justice of a State can cease to remain in office. None of such instances include suspension by the State Governor. Though, the Governor acting on an address supported by two-thirds majority of the House of Assembly of State, Praying that she be so removed, but it’s removal or suspension is subject to the recommendation of of the National Judicial Council(NJC).
The position of the law is that “A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances
(a) in the case of Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State, Praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct;
(b) in any case, other than those to which paragraph (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of conduct”. In lieu of that, the suspension of Justice Adepele Ojo is illegal and not contemplated by the Law.
Osun state governor as the chief custodian of the Law in the state is expected to obey the rule of law and follow the guidelines, instead of acting in an hurry.
Demand;
I hereby join others in demanding for the Immediate reinstatement of Osun State Chief Justice- Justice Adepele Ojo. The time is ripe for good people of Osun state to challenge the desecration of the laws of our country by its custodian. I call on the Osun State House of Assembly to do the needful by reinstalling Justice Adepele Ojo and National Judicial Council to see the suspension of the Osun Chief Justice as the usurpation of powers and privileges. The decision must be immediately reversed and draw the attention of the Governor to the fact that our constitution imposes a regime of separation of powers and the Governor should not usurp the powers of the Osun State House is Assembly and National Judicial Council(NJC).
Hon. Adewumi L Abiola
(Ede North Local Government, Osun State).

Jostoman:
No, Adeleke is not having any problem with judiciary.

why sacking the CJ then

BREAKING
OSUN CJ, ADEPELE OJO DRAGS ADÉLÉKÈ TO COURT
The Chief Justice of Osun, Adepele Ojo has dragged the state Governor, Ademola Adeleke before the National Industrial Court sitting in Ibadan over alleged plans to remove her.
Joined in the suit are the State Attorney General, Osun State Judicial Service Commission, and the State Accountant General.
In the motion dated 15th November, 2023, a copy obtained by Osun Defender, the plaintiff is seeking "an order of interim injunction restraining the defendants by themselves or their agents or privies, however so called from interfering with, removing, reversing or terminating the appointment and conditions of service of the claimant as the Chief Judge of Osun State, including but not limited to salaries and other pecuniary benefits, pending the determination of the interlocutory application.
"An order of mandating the 4th defendant to continue to pay the salary, entitlements, emoluments, remuneration and other benefits and moneys the claimant is entitled to as the Chief Judge of Osun State pending the determination of theinterlocutory application."
The court after hearing the application, ordered "an order of interim injunction is issued restraining the Defendants by themselves or their agents or previews howsoever so-called from interfering with removing, reversing or terminating the appointment and conditions of service of the Applicant as the 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 the 4th Defendant to continue to pay the salary, entitlements, emoluments and other benefits and moneys 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 1" 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.
"Finally, it is directed that the 2 Defendant as the Chief Law Officer of Osun State will appropriately Defendants in general and the 1" Defendant in particular on the imperative of complying fully with the orders of this court."
The Case was adjourned to 12/12/2023.

Adeleke is following APC principles. When Buhari removed Onghen as CJN una celebrated ni.

EXPLAINER: Did Governor Adeleke Break The Law In The Removal/Appointment Of Osun CJ?

Governor Ademola Adeleke acting on the resolution of the Osun State House of Assembly on Thursday, asked the State Chief Judge, Justice Oyebola Adepele-Ojo to step aside, and appointed Justice Olayinka David Afolabi as the state Acting Chief Judge.

The appointment comes hours after the National Industrial Court sitting in Ibadan, restrained the Governor, Attorney General of the State, Osun State Judicial Service Commission and Accountant General of the state from taking any action against Justice Adepele-Ojo.

Adeleke asked the State Chief Judge to step aside on recommendations of the State House of Assembly, pending investigation of allegations of gross corruption, abuse of office, disregard among others against her by the Parliament

The news of the ‘sack’ of the state Chief Judge and appointment of a new one either in acting or substantive capacity has sent tongues wagging, raising posers on the legality or otherwise of such.

Afolabi’s swearing-in, according to a statement by Olawale Rasheed, spokesperson to the governor, will be performed by the state deputy governor, Kola Adewusi, on Friday.


However, Osun Defender presents the constitutional provisions on the issue as contained in Sections 271 and 292 of the 1999 constitution (as amended).

APPOINTMENT OF A STATE CHIEF JUDGE

Section 271 of the 1999 constitution (as amended) says:

1) The appointment of a person to the office of Chief Judge of a State shall be made by the Governor of the State on the recommendation of the National Judicial Council subject to confirmation of the appointment by the House of Assembly of the State.

(2) The appointment of a person to the office of a Judge of a High Court of a State shall be made by the Governor of the State acting on the recommendation of the National Judicial Council.


(3) A person shall not be qualified to hold office of a Judge of a High Court of a State unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years.

(4) If the office of Chief Judge of a State is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office or until the person holding the office has resumed those functions, the Governor of the State shall appoint the most senior Judge of the High Court to perform those functions.

(5) Except on the recommendation of the National Judicial Council an appointment pursuant to subsection (4) of this section shall cease to have effect after expiration of three months from the date of such appointment and the Governor shall not re-appoint a person whose appointment has lapsed.

REMOVAL OF A JUDGE/JUDICIAL OFFICER

Section 292 provides an explanation on the subject of removal of judges/judicial officers;


(1) A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances-

(a) in the case of

(1) Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, President of the National Industrial Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja by the President acting on an address supported by two thirds majority of the Senate.

(ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-third majority of the House of Assembly of the State praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct;

(b) in any case, other than those to which paragraph (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.


(2) Any person who has held office as a judicial officer shall not on ceasing to be a judicial officer for any reason whatsoever thereafter appear or act as a legal practitioner before any court of law or tribunal in Nigeria.

In a chat with Osun Defender, a legal practitioner, Barr. Yomi Obaditan said: “When it comes to the appointment state chief judges, section 271 (1) of the constitution is clear as to where the power resides. Only the National Judicial Council has the power to appoint a state Chief Judge.

“The Governor only sends recommendation to the NJC, who in turn convey their approval or otherwise to the governor.

“However, Section 292 (1) (a) addresses the removal of the Chief Justice of a state amongst others. A Chief Judge can be suspended by resolution of two third of the state house of assembly, but the National Judicial Commission must be informed before such action is carried out.”

He added that:”Section 292(1)(c) says the governor acting on the recommendation of the Judicial Council that the Judicial officer should be removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.”


Though going by precedence, the National Judicial Commission has in the past frowned at the removal of State Chief Judges.

Osun Defender recalls that the NJC sanctioned Justices who made themselves available to be sworn-in in acting capacity in Abia, Kwara, and Ekiti States when the governors removed their respective state Chief Judges.

Gov. Adeleke, however, immediately announced the appointment of Justice Afolabi in acting capacity, pending the investigation of the allegations levelled against the Chief Judge.

It is however unclear if the Osun State House of Assembly before recommending the stepping aside of the state Chief Judge to the Governor informed the National Judicial Council (NUJ) of any petition against Justice Adepele-Ojo, for any wrongdoing.




https://www.osundefender.com/explainer-did-governor-adeleke-break-the-law-in-the-removal-appointment-of-osun-cj/

Despite Court Injunction, Adeleke Asks Osun Chief Judge To Step Aside, To Swear-In Acting CJ Today

Osun State Governor, Ademola Adeleke has approved the resolution of the Osun State House of Assembly asking the Osun State Chief Judge, Adepele Ojo to step aside pending investigation of allegations of misconduct, abuse of power, corruption and disregard for rule of law against her by the House of Assembly.

This was has he directed his Deputy, Prince Kola Adewusi to perform the swearing-in ceremony of the Acting Chief Judge of Osun State tomorrow.

This is coming despite a court injunction barring the State Governor from removing the State Chief Judge. Recall, the Chief Judge of Osun State, Justice Oyebola Adepele-Ojo, had dragged the state Governor, Ademola Adeleke before the National Industrial Court sitting in Ibadan over alleged plans to remove her.

However, a statement conveying the approval of her removal by Mr. Ademola Adeleke was made available to Osun Defender on Thursday by the Governor’s spokesperson, Rasheed Olawale.

According to the statement, the Osun Assembly had in its sitting today, 16th November, 2023, 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.


The statement said the house had earlier resolved as follows: “Having received various petitions against the Chief Judge of Osun State bothering on gross misconducts, abuse of office, corruption and lack of respect for due process and rule of law, this Honourable House, in performance of its oversight functions and exercise of its investigative powers vested by the 1999 Constitution of Nigeria (as amended) hereby resolved as follows:

“That the Committee on Judiciary, Public Petitions and Legal Matters investigate the petitions against the Chief Judge of Osun State, Honourable Justice Adepele Ojo, by inviting the Chief Judge and report to the House within 7 days from today.

“That pending the outcome of the investigation, the Chief Judge of Osun State, Honourable Justice Adepele Ojo should step aside, not for any disciplinary action, but to allow for proper investigation of the allegations

“That while she steps aside pending the investigation, the Executive Governor should immediately swear-in the next judge in order of Seniority as the Acting Chief Judge of Osun State.

“The Executive should immediately notify the National Judicial Council and the State Judicial Service Commission of the resolutions of this House immediately for their awareness.


“That the Clerk of this House should forward the resolutions of this House to the Executive, the National Judicial Council and the State Judicial Service Commission.”


https://www.osundefender.com/breaking-despite-court-injunction-adeleke-asks-osun-chief-judge-to-step-aside-to-swear-in-acting-cj-tomorrow/

Who appoints the chief Justice?... The governor right ?.... There should be total separation of power between these two arms of govt. An executive member can't be appointing the leader of the judiciary sector. Rivers state suspended their own... All these are reckless politics. Executive politics shouldn't come to the judiciary system.....
Wo... It's Nigeria and anything works shaaa

If Adeleke does not want to work with them again, why can't they resign honourably?

Adeleke wants to sack himself

Ikaeniyan0:
If Adeleke does not want to work with them again, why can't they resign honourably?

The Executive Governor is not given the privilege to choose the Chief Justice that he wants to work with, just as he cannot choose the Speaker of the Assembly. If the Federal Government gets involved, it can use the State Assembly and the Chief Justice to remove the governor in 7 days.

Olusegun Obasanjo did that in Plateau, Ekiti, Oyo, and Bayelsa, and Heaven did not fall. If Tinubu gets involved, Ademola Adeleke will be history in 7 days. FG will just promise the current Deputy Governor that he will become governor, and promise the Speaker that he will be sworn in as Deputy Governor, the Chief Justice of the State will do the rest. Anybody wey wan die should troop to the streets and meet soldiers that ran away from Boko Haram who are looking for live specimen for shooting practice.

You know that Emilokan Tinubu will not talk, but his underground moves are winning moves. I hope Ademola Adeleke's elder brother who sponsored his election will advise him apart from the political hawks surrounding him

nazicartel:
Who appoints the chief Justice?... The governor right ?.... There should be total separation of power between these two arms of govt. An executive member can't be appointing the leader of the judiciary sector. Rivers state suspended their own... All these are reckless politics. Executive politics shouldn't come to the judiciary system.....
Wo... It's Nigeria and anything works shaaa

Not the governor, instead, the National Judicial Council nominated for the governor to pass to the State Assembly for confirmation. Therefore, the governor cannot sack the Chief Justice. Ademola Adeleke is working assiduously to sack himself

StreetFight:

.

Olusegun Obasanjo did that in Plateau, Ekiti, Oyo, and Bayelsa, and Heaven did not fall. If Tinubu gets involved, Ademola Adeleke will be history in 7 days. FG will just promise the current Deputy Governor that he will become governor, and promise the Speaker that he will be sworn in as Deputy Governor, the Chief Justice of the State will do the rest. Anybody wey wan die should troop to the streets and meet soldiers that ran away from Boko Haram who are looking for live specimen for shooting practice

It's not as simple as you're trying to make it be.

The Governor and Chief justice can sit down and talk about it and the chief justice will honourably resign.

She has now become the ex governor of Osun state whether anybody likes it or not, Adeleke won't work with her and heaven won't fall.

It happened between Buhari and the former CJN

StreetFight:


Not the governor, instead, the National Judicial Council nominated for the governor to pass to the State Assembly for confirmation. Therefore, the governor cannot sack the Chief Justice. Ademola Adeleke is working assiduously to sack himself

you are very right here. All this sacking will affect his government more cos’ the judiciary will save justice Adepele Ojo and she will be restored back to her seat. It happened under Aregbesola government then when Aregbesola sacked justice Oloyede then. At the end, the court of justice restored Justice Oloyede back to her seat and all her entitlement were duely paid.

StreetFight:


Not the governor, instead, the National Judicial Council nominated for the governor to pass to the State Assembly for confirmation. Therefore, the governor cannot sack the Chief Justice. Ademola Adeleke is working assiduously to sack himself

okay... Thank you....I thought the governors have links in the appointment of state chief Justices....