The decision of the National Judicial Council (NJC) that cleared Chief Judge of Osun State, Justice Oyebola Adepele Ojo, of all allegations of financial recklessness and judicial misconduct has been described as a victory for the judiciary.
The governorship candidate, Action Peoples Movement (APM), Osun State, Adewale Adebayo, described the decision as a triumph for judicial independence.
Adebayo said the outcome vindicated the party’s November 17, 2023, position, which had described the suspension of the Chief Judge as unconstitutional and without legal basis.
He added that under the Nigerian constitution, state governors have no disciplinary control over chief judges or other judicial officers, adding that NJC’s intervention had restored public confidence in the judiciary.
“This decision sends a clear warning against political interference in judicial matters and reaffirms the judiciary as the last hope of the common man”, he said, commending the council for its courage and impartiality.
The APM also called on the Osun State Government and House of Assembly to respect NJC’s ruling and allow Justice Ojo to resume duties without further obstruction. He further criticised the administration of Governor Ademola Adeleke for alleged executive overreach and legislative complicity.
The council had adopted the findings of a three-member investigation committee, which found no evidence to substantiate multiple petitions accusing Justice Ojo of abuse of office, administrative high-handedness and diversion of judicial funds.
The petitions, filed by judiciary staff members and senior state officials, alleged, among other claims, the diversion of N7.4 million earmarked for judges’ retreat, N5 million robe allowance and proceeds from e-affidavits.
But upon reviewing documentary evidence and testimonies from all parties, the committee concluded that none of the allegations amounted to misconduct or a violation of the Revised Code of Conduct for Judicial Officers, and consequently dismissed all the petitions.
NJC, in that 110th meeting held on January 13, under the chairmanship of the Chief Justice of Nigeria (CJN), Justice Kudirat Olatokunbo Kekere-Ekun, also reversed the one-year suspension without pay earlier imposed on a Court of Appeal Justice, Uyo Division, Jane E. Inyang, for granting improper ex parte orders while serving as a judge of the Federal High Court.
The Council noted that the complaint was already a subject of an appeal at the time the petition was filed, and that the complaint itself was lodged outside the six months prescribed by NJC policy.
In a related development, the council dismissed a petition against a judge of the Delta State High Court, Justice Gentu E. Timi, arising from a chieftaincy dispute in Idumuje-Ugboko. The petitioner withdrew the complaint after the dispute was resolved, leading the council to discontinue the matter.
Nationwide, NJC considered 39 petitions filed against judicial officers. Of these, 26 were dismissed for lacking merit, seven were referred for further investigation and two judicial officers were cautioned.
One of the cautions hinged on a finding that a judge delivered judgment outside the constitutionally prescribed 90 days and used inappropriate language in responding to a petition.
The council further warned against the indiscriminate grant of ex parte orders and advised heads of courts to exercise restraint in assigning complex matters to newly appointed judges.
On judicial administration, NJC extended the tenure of the Acting Chief Judge of Imo State, Justice I. O. Agugua, by three months and urged the state government to commence the process of appointing a substantive Chief Judge.
It also constituted a committee to examine requests for review submitted by nine dismissed judges of the Imo State Judiciary, but declined to entertain a fresh petition against the Acting Chief Judge, having previously resolved the same issue.
The council equally approved the voluntary retirement of two senior judicial officers – Acting Grand Kadi, Sharia Court of Appeal, Plateau State, Umar Ibrahim Abdullahi and the Presiding Justice, Court of Appeal, Asaba Division, Justice Obientobara Daniel-Kalio.
It is, however, noted with regret that Abdullahi passed away shortly after submitting his notice of retirement.
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