Kogi High Court sitting in Koton-Karfe on Tuesday ruled that the
Executive and Legislature, jointly or unilaterally, cannot remove
the state Chief Judge, Justice Nasir Ajanah without recourse to the
National Judicial Council (NJC).
The court also declared that the Chief Registrar of the state
High Court held a statutory position as the accounting officer of
the Judiciary and was therefore, not subject to the control and
supervision of either the Executive or the Legislature.
Justice Alaba Omolaye-Ajileye, the presiding judge, made the
declaration in his judgement on the suit brought against the
Assembly, the governor and three others by Justice Ajanah and the
Chief Registrar, Alhaji Yahaya Adamu.
Omolaye-Ajileye who granted all the reliefs and declarations
sought by the claimants in the suit said, “On the whole, I find
merit in this action and it succeeds. All the declarations sought
are allowed.
“By item 21 of the Third Schedule to the 1999 Constitution (As
Amended), the National Judicial Council (NJC) is the body empowered
to exercise disciplinary control over all Judicial Officers of
Nigeria.
“It is also the NJC, established under Section 153(i) of the
constitution (as amended), that has the power to recommend to the
Governor, the removal of a judicial officer.
“Where a Chief Judge of a state is to be removed, for whatever
reason, it is the NJC, not the state House of Assembly, that is
empowered to make recommendations to the Governor of a state under
item 21(d) of the Third Schedule to the Constitution.
“To allow only the House of Assembly and the governor of a state
to remove a Chief Judge of a state or any judicial officer for that
matter, without the input of the NJC, will be monstrous and
outrageous as it is capable of destroying the very substratum of
justice and introducing a system of servitude, utterly inconsistent
with the constitutional independence of judges”, he said.
The News Agency of Nigeria (NAN) reports that the judicial
officers had approached the court to challenge the powers of the
defendants to remove them from office over refusal to be
investigated by the state House of Assembly.
The Suit No. HC/KK/11CV/2018 brought by the Chief Judge and the
Chief Registrar had as respondents, Kogi State House of Assembly;
Speaker of the House; Bello Hassan Abdullahi, Chairman of the Ad
Hoc Committee; the Governor of Kogi and the state Attorney
General.
The claimants, in their Originating Summons posed four questions
for determination which revolved round whether the defendants had
power to remove the Chief Judge as a “Judicial Officer” within the
meaning of sections 292 and 318 of the 1999 constitution.
They also sought to know among others, whether the 1st
defendants (Assembly) or its committee was vested with the power to
invite the 1st claimant (Ajanah) to the floor of the house for the
purpose of investigation.
They sought declarations that the defendants were not vested
with the power to remove the CJ or invite him to the floor of the
house for purpose of investigation; that the constitution of the ad
hoc committee by the House of Assembly on Dec. 11, 2018 was
unconstitutional, ultra vires and therefore, null, void and of no
effect.
They equally sought orders of perpetual injunction setting aside
the purported resolution and another restraining the defendants,
their agents, privies or servants from investigating or exercising
any form of disciplinary control or sanctions on the claimants.
Omolaye-Ajileye said that the facts of the matter according to
the affidavit supporting the Originating Summons deposed to by
Shaibu Yakubu, a Legal Practitioner, revealed that the impasse was
ignited by a missive between the heads of the Executive and the
Judiciary.
According to him, Mrs Folashade Ayoade-Arike, the Secretary to
the State Government (SSG) who had a pending case before the Chief
Judge, had addressed a letter to him on the orders of the state
governor to release the payroll of Judiciary staff for pay parade
of civil servants in the state.
The Chief Judge had instructed the Chief Registrar to reply the
letter as it was unethical for him to communicate directly with her
while the case was pending.
In the reply, the Jurist said, the claimants declined to yield
to the demand for staff payroll on the grounds that the request was
contrary to the provisions of Kogi State Public Finance (Judiciary
Special Provisions), Edict No. 6 of 1991 and sections 81(3) and 162
(d) of the 1999 Constitution.
The development led to a communication between the SSG and the
House of Assembly, alleging financial misappropriation on the
leadership of the judiciary.
The House subsequently constituted an adhoc committee to
investigate the Chief Judge and Chief Registrar on the matter.
On April 2, 2019, the assembly recommended to the governor and
the State Judicial Council, the removal of the Chief Judge and
sanctions for the Chief Registrar after it adopted the report and
recommendations of the adhoc committee. (NAN)
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PHOTOS: One Year After Abandonment, Kwara Governor
Orders Immediate Water Supply at Oyun Waterworks
As part of his resolve to make sure there is constant water
supply across the state and giving life to dry bones of all
ministries in Kwara, the Kwara State Governor AbudulRahman
AbdulRazaq today visited the Kwara State Water Corporations, Oyun
Water Works, Offa for on-site inspections.
The governor who has been taking a
self-walk through various sector has since given workers more
reasons to work and serve the people.
The Water works have not supplied water for almost a year now
with no credible reason as to why they have decided to shut down
the pumps than negligence and abandonment by previous
administration.
But today, the governor has
directed and supported them to pump water and supply it so as to
know what is needed to make sure they become more effective and
work at an optimal level.
It will be recalled that the Governor has earlier directed that
water start flowing in the capital and that has been on for weeks
now.
By PRNigeria