Adeleke shuns court order, appoints Justice Afolabi Osun acting CJ

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Following the suspension of Osun State Chief Judge, Justice Oyebola Ojo, Governor Ademola Adeleke has appointed Justice Olayinka Afolabi as acting chief judge of the state.

A statement issued by his spokesperson, Olawale Rasheed, stated the appointment is consequent upon the approval of the resolution of the House of Assembly asking Justice Ojo to step aside.

It reads, “Governor Ademola Adeleke has appointed Justice Olayinka David Afolabi as the acting Chief Judge of Osun State with immediate effect following the approval of the resolution of the House of Assembly.”

Earlier, Justice Dele Peters of the National Industrial Court, Ibadan Division, restrained Governor Ademola Adeleke from removing the State Chief Judge, Oyebola Ojo.

The order is pursuant to an interim injunction instituted before the court by Justice Ojo through her counsel Oladipo Olasope, SAN, against Governor Adeleke, the Attorney-General and Commissioner for Justice in the State, the Osun State Judicial Service Commission, and the Accountant General of the state.

She urged the court to restrain the defendants or their privies and agents from interfering with, removing, reversing, or terminating the condition of service of the claimant as the Chief Judge of Osun State.

Having listened to the claimant’s counsel, the court restrained the governor and other defendants, either 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 applicant as the Hon. Chief Judge of Osun State, pending the determination of the interlocutory application.

The order dated November 15, a certified true copy of which was obtained on Thursday, reads further: “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 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 1st 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 all quarters pending the hearing and determination of the originating summons”.

The court then adjourned the matter till December 12, 2023, to hear the pending motion, adding that a hearing notice should be served on the defendants as appropriate.

Meanwhile, the House of Assembly, in a statement by the Speaker’s media aide, Tiamiyu Olamide, stated that the lawmakers had during plenary on Thursday ordered that Justice Oyebola Ojo step aside as the Chief Judge pending the outcome of the investigation against her.

It also ordered that Justice Ojo should appear before the House Committee on Judiciary, Public Petitions, and Legal Matters to defend the petitions against her within seven days.

“This House decision is in line with the investigative powers vested on the House of Assembly by the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

“The Executive Arm was also advised to immediately swear in the next judge in order of seniority as the Acting Chief Judge of Osun State in order not to create a vacuum in the office, while the executive was also advised to notify the National Judicial Council and the State Judicial Service Commission of the resolution of the House”, it reads partly.

Meanwhile, Governor Adeleke, in a statement by his spokesperson, Olawale Rasheed, approved the resolution of the House suspending the Chief Judge and also appointed Justice Olayinka Afolabi as acting Chief Judge with immediate effect.

It reads partly, “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 the pending investigation of allegations of misconduct, abuse of power, corruption, and disregard for the rule of law against her by the House of Assembly.

“In the resolution of the Osun Assembly sitting today, November 16, 2023, 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”.

Another statement issued shortly after the suspension reads, “Governor Ademola Adeleke has appointed Justice Olayinka David Afolabi as the acting Chief Judge of Osun State with immediate effect following the approval of the resolution of the House of Assembly”.

Vanguard


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