The National Judicial Council, NJC, has declined the request of Osun State Governor, Ademola Adeleke to swear in the next Most Senior Judge in the State, Justice David Olayinka Afolabi as acting Chief Judge, CJ.
This decision is coming following allegations levelled against the Osun State Chief Judge, Oyebola Adepele Ojo and the resolution of the State House of Assembly to suspend her.
The decision arrived at the 104th NJC Meeting held in Abuja under the Chairmanship of the Chief Justice of Nigeria, CJN, Olukayode Ariwoola between December 6 and 7, 2023.
The NJC which affirmed justice Ojo as the recognised Chief Judge of Osun State also declined to work on the resolution of the Osun State Assembly.
The NJC Director of Information, Soji Oye in statement made available to CRUX NEWS on Thursday, said the “Council considered and declined the request of Governor Ademola Adeleke of Osun State requesting its permission to swear in the next Most Senior Judge in the State in acting capacity, following allegations levelled against Hon. Justice Adepele Ojo, Chief Judge, Osun State and the resolution of the State House of Assembly to suspend him.
“The Council affirmed that Hon. Justice Ojo is still the recognised Chief Judge of Osun State, and would not work on the resolution of a State House of Assembly, as it is the only body constitutionally empowered to investigate Judicial Officers and recommend the same for any action to the Governor. Consequently, Osun State should revert to the status quo.”
At the end of the meeting, the NJC also recommended the compulsory retirement of Justice S. O. Falola of the Osun State High Court from the Bench.
The Council resolved to recommend him to the state governor for compulsory retirement with immediate effect.
The recommendation was made sequel to the findings of an investigation committee in a petition written against him by one Dapo Kolapo Olowo and Polaris Bank for granting a Garnishee Order Absolute against the bank for the sum of N283,174,000.00 (two hundred and eighty-three million, one hundred and seventy-four thousand Naira) in a questionable and strange manner, and endorsement of the order, attaching the account of the Garnishee with another Garnishee and not the account of the judgment debtor who had the legal obligation to pay the supposed judgement sum.
“They found that the subject Judge misconducted himself by entertaining Suit No HIK/41/2018 when there was no evidence of a judgement of the Kwara State High Court before him, neither was there a Certificate of Registration of same in Osun State to confer jurisdiction on him.
“It further found the conduct of the subject Judge travelling to Lagos to visit the Counsel of the Bank in his Chambers on the issue of Garnishee Proceedings, unbecoming of the standard expected of a Judicial Officer.”