₦airaland Forum

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

You don't mean it?

Remember Onnoghen, the one-time Chief Justice of Nigeria?

Remember how he was removed?

That's the problem with precedence.

DesChyko:
You don't mean it?

Remember Onnoghen, the one-time Chief Justice of Nigeria?

Remember how he was removed?

That's the problem with precedence.

I mean can the executive sacked the lead judicial arm of government in the State? It will never possible. The judiciary at the centre will save justice Adepele Ojo from the sack. As you see the judiciary, they are very strong and much discipline in handling their issues. As far as I’m concerned, Justice Adepele Ojo will be returned back to her seat by the same judiciary. Already the National industrial court as ordered a retraining order not the executive to sack the CJ. By next month, this same court will nullify the sacking of the CJ and the executive will be running to the court to get their own order and that’s where the executive will have great problem. It is a game now.

Politicstoday:
I mean can the executive sacked the lead judicial arm of government in the State? It will never possible. The judiciary at the centre will save justice Adepele Ojo from the sack. As you see the judiciary, they are very strong and much discipline in handling their issues. As far as I’m concerned, Justice Adepele Ojo will be returned back to her seat by the same judiciary. Already the National industrial court as ordered a retraining order not the executive to sack the CJ. By next month, this same court will nullify the sacking of the CJ and the executive will be running to the court to get their own order and that’s where the executive will have great problem. It is a game now.

Yeah. I remember reading the same stuff from the Onnoghen proponents.

Like I said, that's the problem with precedence.

DesChyko:
Yeah. I remember reading the same stuff from the Onnoghen proponents.

Like I said, that's the problem with precedence.

yes. Unfortunate the legislative arm of government in the State has been heavily compromised too

On the purported suspension of the Chief Judge of Osun State and the appointment of an acting Chief Judge by the State Governor.
To be sure, let me start off by saying without any equivocation that neither the Governor of Osun State nor the House of Assembly of the State has the Constitutional powers to unilaterally investigate or discipline or suspend or remove any judge of a high court of the State let alone the Chief Judge of the State. Consequently, the purported suspension and/removal of the Chief Judge of Osun State today by the House of Assembly of the State is a nullity. Also, the purported appointment of an acting Chief Judge is a nullity as something cannot be put on nothing. It will not stand (Mcfoy v. UAC). Sadly, both purported acts of the Government of Osun State above constitute a brazen assault on the 1999 Constitution of the Federal Republic of Nigeria.
Below are my reasons for the above conclusions.
1) The powers to investigate or discipline or suspend or remove SERVING judicial officers (e.g., a judge of the High Court of a State or the Chief Judge or Justices of the higher courts) is EXCLUSIVELY reserved in the National Judicial Council (NJC). The Supreme Court and the Court of Appeal of Nigeria have affirmed this position of the law in several cases and particularly in the recent cases of Justices Hyeladzira Ajiya Nganjiwa (2017) LPELR-43391(SC), Sylvester Nwali Ngwuta (2019) LPELR-46993(CA) and Elelu-Habeeb (2014) LPELR-23144(CA).
2) In the Nganjiwa (2017) case in particular, the decision of the Supreme Court can be summarised as follows:
i) by virtue of Sections 153(1)(i), 158(1) and paragraph 21(b) of the 3rd Schedule of the 1999 Constitution, only the NJC had the power to deal with disciplinary proceedings against serving judicial officers for whatever misconduct.
ii) whatever allegations of misconduct or corruption against a serving judge must first be referred to the NJC. The NJC would then recommend the removal of the judge from office if necessary.
iii) in order to preserve the independence of the judiciary, whatever allegation of misconduct against a serving judge must go through the NJC disciplinary mechanism before any disciplinary measures or prosecution could follow.
3) Today, the National Industrial Court granted an ex-parte order restraining the Osun State Government from removing the Osun State Chief Judge, Oyebola Ojo, from office. This order of the NIC is enough, without much ado, to invalidate the illegality the Government of Osun State, particularly the Executive and Legislature, have combined to wrought in Osun today.
4) By virtue of s.271(1)(2) of the 1999 Constitution of Nigeria, the appointment of a person as a Chief Judge (CJ) of a State by the Governor of a State is exercised ONLY on the recommendation of the NJC. In other words, no one can be appointed the CJ of a State without the prior recommendation of the NJC. However, by virtue of s. 271 (4), the Governor may, in the event of a legal vacancy in the office of the CJ, apppoint the most senior Judge of the High Court in acting capacity for a maximum period of 3 months only. Without a doubt, It cannot be said that a legal vacancy has occured in the office of the CJ of Osun State today. Therefore, the power of the Governor to unilaterally appoint an acting CJ for 3 months cannot be said to have validly arisen.
5) Meanwhile, I am not oblivious of the provision of s.292(1)(a)(ii) of the Constitution. It provides in essence that a Governor may remove a CJ from office before his age of retirement "on an address supported by two-thirds majority of the House of Assembly of the State." Apparently, the Osun State House of Assembly and the Governor may have erroneously relied on this provision to indulge in their current assault on the Constitution of Nigeria. I say errors because the above referenced decision of the Supreme Court in Nganjiwa case remains the authority on apllying disciplinary measures of whatever nature against a SERVING judicial officer. As a matter of fact, since 1999 and now, there does not seem to be any precedent for a Governor using Section 292(1)(a)(ii) to remove a Chief Judge based on the address of a State House of Assembly.
6) Around 2014 or so in Rivers State, a certain Governor Rotimi Ameachi, as he then was, defied the NJC and purportedly appointed Justice Peter Agumagu as the CJ of Rivers State without the recommendation of the NJC. The NJC subsequently took charge and disciplined (suspended and removed) the purported CJ who accepted his purported appointment by the Governor in defiance of the authority of the NJC.
From the foregoing brief expositions of the law and the historical reference from Rivers State, it is quite obvious that neither the Governor of Osun State nor the House of Assembly has the constitutional powers to unilaterally investigate or discipline or suspend or remove any judge of a high court of a state let alone the Chief Judge of the State. The Nganjiwa case covered all the field on such matters and clearly affirmed the NJC's exclusive disciplinary powers over judicial officers in Nigeria as a measure to safeguard the independence of judiciary in Nigeria.
Hopefully, the NJC will quickly rise to the embarrassing occasion in Osun and save the State from the developing constitutional imbroglio.
Misbau Alamu Lateef, PhD. ✍️