Osun State Governor Ademola Adeleke yesterday suspended the Chief Judge, Justice Oyebola Adepele-Ojo, replacing her with Justice Yinka Afolabi in an acting capacity.
This is despite an interim injunction by Justice Dele Peters of the National Industrial Court sitting in Ibadan restraining the governor from removing the CJ or terminating her appointment.
Justice Peters ruled on a motion ex-parte filed by Justice Ojo through her counsel, Oladipo Olasope (SAN).
Adeleke, the Attorney-General and Commissioner for Justice, the Osun Judicial Service Commission and the Accountant-General are the defendants.
But, the governor, in a statement by his spokesperson, Olawale Rasheed, said the CJ’s removal followed his approval of a resolution of the House of Assembly.
According to him, the House asked Justice Adepele Ojo to step aside pending investigation of allegations of misconduct, abuse of power, corruption and disregard for the rule of law against her.
The statement reads: “In the resolution of the Osun Assembly sitting today (yesterday), 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.”
According to the statement, the House had asked its Committee on Judiciary, Public Petitions and Legal Matters to investigate the petitions against Justice Adepele-Ojo and report within seven days.
The lawmakers had also stated that pending the outcome of the investigation, Justice Adepele-Ojo should step aside, “not for any disciplinary action, but to allow for proper investigation of the allegations”.
It was also resolved that the Executive should immediately notify the National Judicial Council (NJC) and the State Judicial Service Commission of the resolutions.
The spokesman said based on the resolutions, the governor has directed his Deputy to swear in Justice Afolabi today at the Executive Lounge of the Governor’s Office in Osogbo.
Justice Peters, aside from restraining Adeleke from removing the CJ, had directed him to fortify security around Justice Adepele-Ojo to protect her from all forms of harassment pending the determination of the suit.
The order reads: “An order of interim injunction is issued restraining the defendants by themselves or their agents or privies howsoever 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 including but not limited to salaries and other pecuniary benefits pending the determination of the interlocutory application.
“An order is here issued mandating the fourth defendant (Accountant-General) 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 first 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 from all quarters pending the hearing and determination of the originating summons.
“Finally, it is directed that the second defendant (Attorney-General) as the chief law officer of Osun State will appropriately advise the defendants in general and the first defendant (governor) in particular on the imperative of complying fully with the orders of this court.”
Justice Peters adjourned till December 12 for a hearing of the motion.
