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NJC opposes removal of Oyo chief judge
By Sola Shittu
Reporter, Ibadan
The National Judicial Council (NJC) has
said the removal of the former Chief Judge of Oyo State, Justice Isaiah
Olakanmi, from office is unconstitutional. It also said the state Judicial Service
Commission had no power to send Olakanmi on compulsory leave.
A letter to Governor Rashidi Ladoja by the
Chief Justice of Nigeria and Chairman of NJC, Justice Mohammed Uwais, said
Olakanmi’s removal was contrary to the provision of the 1999 Constitution.
“By the provisions of section 153 of
the constitution, the NJC was established and its powers are stated in part 1
of the third schedule to the constitution. Paragraph 21(d) thereof provides
that the NJC has the power to exercise disciplinary control over state chief
judges and judges of state high courts.
“Under these powers, complaints
against all judges and chief judges have been received by the NJC and
investigated. Where the complaints have been proved, appropriate disciplinary
measures, including recommendations to the governors for removal had been
taken”, Uwais said.
The CJN said the complaint against the
chief judge of the state by Aderemi Tajudeen and Joshua Ogundeji of July 2004
reached him in August.
He said on that basis, he referred the
complaints to Olakanmi via a letter dated August 13 for his comment and he
replied in a letter dated August 17.
Uwais added that the NJC has set up a
committee under the chairmanship of the Chief Judge of the Federal High Court,
Justice Roseline Ukeje, to investigate the complaints.
He criticised the setting up of a
commission of enquiry by Ladoja headed by Justice Aransi, adding that the
complaints relate to financial mismanagement and impropriety was within the power
of the state auditor-general, under section 125 of the constitution, to audit
them.
“The NJC also considered the powers
of the state judicial service commission to direct Olakanmi to proceed on
compulsory leave. The powers are contained in paragraph 6 of Part II of the
third schedule to the constitution. It is clear that the action of the
commission in that regard is unconstitutional and therefore null and
void,” the NJC chairman said.
He said the NJC has set up a committee of its members under
the chairmanship of Justice Bola Babalakin to deal with the complaints of the
judges of the state high court including the acting chief judge, against
Olakanmi and the committee would soon pay a courtesy visit on Ladoja.
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