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Wednesday, June 19, 2024

Removal of Osun CJ unconstitutional, illegal- Group berates Adeleke

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A human rights advocacy group, Save the Poor and Needy Charity Initiative (SPANCI) has described the removal of the Chief Judge of Osun state, Justice Oyebola Adepele Ojo by governor Ademola Adeleke as illegal and unconstitutional.

SPANCI described the removal of the CJ as unlawful and executive and legislative conspiracy that is not good for democracy, rule of law, separation of powers of the three arms of government.

Adeleke had few days announced removal of Ojo as CJ of the state.

SPANCI while reacting noted that the removal of the CJ is an act of executive and legislative recklessness, conspiracy, unlawfulness, illegality and unconstitutionality.

SPANCI President, Comrade Yemi Ezekiel Bello in a statement made available to journalists on Saturday said that governor’s decision is not good for our democracy and rule of law.

Bello while speaking, maintained that the decision of the governor is is tantamount to servitude of judiciary and judicial officers to the executive and legislative arms of government if not cheeked.

Bello while speaking further advised the governor not to play politics with everything .

He then demand immediate reversal of the removal of the CJ.

“Osun CJ, Justice Oyebola’s Ojo removal is unconstitutional, unlawful, illegal, executive and legislative conspiracy not good for democracy, rule of law, separation of powers of the three arms of government and citizens human rights defense.

“We in save the Poor and Needy Charity Initiative (SPANCI) are against the unconstitutional removal of Justice Oyebola Adepele Ojo by His Excellency, Ademola Adeleke, the executive governor of Osun State.

“We state clearly that such act is an act of executive and legislative recklessness, conspiracy, unlawfulness, illegality and unconstitutionality which is not good for our democracy, rule of law and separation of powers of the three arms of government known as executive, legislative and judiciary. This act if not checked is tantamount to servitude of Judiciary and judicial officers to the executive and legislative arms of government and cage the independence of the Judiciary which is not good for our democracy and rule of law.

“Our constitution clearly gave conditions for the removal by the president of the CJN and by Governor of a state CJ and others in section 157 and 292 where it mentioned an ADDRESS by the SENATE which is supported by a two third of the Senate and also in state by Governor by Such an ADDRESS supported by a two third of the state house of assembly on a condition which includes misconduct, breach of code of conduct, retirement age, inability to discharge the function of his office which must include infirmity of mind, body or any other cause.

“Now section 158 (1) of the constitution vested the power to discipline a judge or judicial officer in the national judicial council as the only judicial body that can write the ADDRESS mentioned in section 157 and 292 which must enjoy the support of the two third of Senate or State House of assembly. On this ground The president or any state governor can not without the recommendation of the National judicial Council remove any CJN or CJ of the state. Moreover there is an order of the court of competence stopping such removal.

“If this illegality is allowed to stay then the executive and legislative arm of government can conspire against the citizens and their human rights without obeying the court to suit their personal opinion as our courts and her orders will be useless and our democracy is doomed as our legal and judicial system become a slave to both the executive and legislative and also invitation to anarchy as live, human beings and law are about precedent and antecedent which is too dangerous for rule of law and independency of Judiciary.

“We should not play politics with everything . This is worse than ex Oyo governor Rasheed Adewolu ladoja scenario.

“We hereby demand immediate reversal of such unlawful, illegal and unconstitutional removal in obedience to our constitution and protection of rule of law which is good for a pure democratic nation”.

ENDS

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