Osun CJ, Adepele Ojo drags Adeleke to court over suspension

…Adeleke approves Osun Assembly resolution asking chief judge to step aside  

 …Appoints Justice Afolabi as Osun acting Chief judge

By Ismail Azeez, Osogbo

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.  

Recall that the Coalition of Civil Society Organisations in Osun State had accused Governor Adeleke of plotting to remove the Chief Judge, by allegedly submitting a petition against the judge to the National Judicial Council.

Addressing journalists in Osogbo on behalf of the group, Mr Ayo Ologun, claimed that the initial plan of the governor was to remove the Chief Judge through a motion by the House of Assembly, but the plan was allegedly dropped for the option of dragging the CJ before the NJC.

Ologun said the group had written a counter-petition to NJC, warning that any attempt by public officeholders to disregard the rule of law would be resisted.

However, in the motion dated 15th November, 2023, 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 the interlocutory 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 mandating 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 till December 12, 2023

Meanwhile, 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.

In a statement issued on Thursday by the Spokesperson to Governor, Mallam Olawale Rasheed, said the swearing-in ceremony of the Acting Chief Judge of Osun State will be held today (Friday).

Parts of the statement reads, “In the resolution of the Osun Assembly sitting today 16th November, 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.

“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.

“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.”

Following the suspension of Osun State Chief Judge, Justice Adepele 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.”

The new acting Chief Judge will be sworn in today (Friday).