News
CJ’s removal, replacement illegal, says NJC, SANs knock gov
“The NJC is the only body empowered by the constitution to investigate judges and recommend appropriate sanctions to the President if it is a federal court, and the governor if it is a state. State governors and Houses of Assembly members can’t remove the state Chief Judge. The NJC is the only body that can suspend judges.
“The same situation happened in Sokoto, where the House of Assembly sacked the CJ, Aisha Dahiru, and the Supreme Court nullified it. “
The spokesperson of the NJC, Adesoji Oye could not be reached for comments as calls to his line indicated it was switched off.
NBA slams Osun
Meanwhile, the Nigerian Bar Association has condemned the suspension of the Osun CJ by the state government.
The House of Assembly had during plenary on Thursday ordered Justice Ojo to step aside pending the outcome of investigation into her activities.
Approving the resolution of the assembly, the governor appointed Justice Olayinka Afolabi as the acting Chief Judge.
Ojo’s suspension was, however, in defiance of an order of the National Industrial Court sitting in Ibadan, which restrained Adeleke from removing her.
Condemning the action of the government, the NBA in a statement by its National Publicity Secretary, Akorede Lawal, said her removal was unlawful.
He described the action of the governor and state lawmakers as an unwarranted assault on the judiciary and aimed at intimidating that arm of government in the state.
The statement read in part, “The NBA unequivocally condemns this unlawful action by the Osun State Government. The action of the state government is an abuse of the rule of law and a desecration of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“In very vivid terms, the actions of Governor Adeleke and the Osun State House of Assembly are unwarranted assaults on the judiciary and aimed at intimidation.
“The NBA wishes to categorically state that the provisions of the 1999 Constitution are not ambiguous as to the way and manner a chief judge of a state could be removed from office. Certainly, a state House of Assembly resolution for a chief judge to step aside is unknown to the law of our land.”
Citing the case between Nganjiwa and FRN, he said a chief judge could not be removed without the involvement of the National Judicial Council.
The statement added, “Furthermore, the law has since been settled in Nganjiwa v FRN (2017) LPELR-43391 (CA) that any misconduct attached to the office and functions of a judicial officer must first be reported to and determined by the NJC.
“Specifically, the Supreme Court in Elelu-Habeeb & Anor v AG Federation & Ors (2012) 12 NWLR (Pt 1318) 423 has clearly stated that the chief judge of a state cannot be removed under any guise, including the infamous ‘step aside style’ by the Osun State Government without recourse to the NJC.”
The NBA also berated the Osun State Government for disregarding the order of a court restraining it from removing the CJ.
It added, “The NBA is further worried and troubled that in going about its unlawful endeavour, the Osun State Government chose to ignore the lawful order of interim injunction granted by the National Industrial Court sitting in Ibadan, which restrained the governor of Osun State from interfering with the office of the Chief Judge of Osun State.
He vowed that the association would stop at nothing to ensure that the decision of the state government did not stand.
Lawal said, “The NBA’s position is anchored on the constitutional doctrine of separation of power and the independence of the judiciary. The tenure of a judicial officer cannot and should not be subject to the mood of politicians.
“To this extent, the NBA and its members shall not recognise Hon. Justice Olayinka Afolabi as the acting Chief Judge of Osun State, because the provisions of the law must be complied with strictly in the removal of, and/or appointment of the Chief Judge of Osun State.
“The NBA shall take all necessary steps to ensure that this impunity and brazen abuse of office does not stand.”
The spokesperson for the governor, Mallam Olawale Rasheed, had on Thursday, said Adeleke approved the removal of the CJ following a resolution of the state House of Assembly of November 16, 2023, that the Executive arm of government 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 the State.
The swearing-in of Justice Afolabi as the acting CJ, however, could not as scheduled on Friday as he did not show up.
Meanwhile, efforts to get the reaction of the House Committee on Judiciary were not fruitful as at the time of filing this report.
While the Chairman of the committee, Oluwole Oke, who hails from Osun State, neither picked his calls nor respond to messages sent to him via WhatsApp; the Deputy Chairman of the committee and a member of the New Nigeria People’s Party, Mohammed Danjuma, could not be reached as his mobile phone indicated that it was switched off.
Ifedayo Adedipe, SAN,said no provision of the constitution empowered governors to remove CJs.
“I am not aware of anywhere in the constitution where governors or Houses of Assembly can remove a CJ. What happened in Osun is unconstitutional,” he said.
A senior lawyer, Chief Yomi Aliyu (SAN), said it was unconstitutional for the governor to oust the CJ and appoint another without following due process.
According to him, the embattled CJ is expected to first face a disciplinary panel that would hear the case of alleged misconduct and corruption levelled against her by Adeleke.
He said, “It is unconstitutional for the governor to make any appointment until the case had been brought before the disciplinary panel, which would hear the matter and decide whether or not the CJ was guilty.
“The law is clear on how you can remove a CJ. This has been settled in the case between Habeeb Vs Kwara State Government, where the court emphatically stated that a CJ can only be removed after the CJ has been reported to the National Judiciary Council.
“The incumbent governor of Osun, Ademola Adeleke, has an axe to grind with the CJ, saying that the CJ was too loyal to the former governor, Adegboyega Oyetola. In fact, I learnt that the governor called a meeting of all judges in the state, where he made the allegation.
“The CJ allegedly told the governor that she was neutral and only loyal to the seat. She stressed that her loyalty could not be faulted. But, it was not enough to satisfy the governor, who wanted a change.
“So, he engineered the House of Assembly to pass a resolution. Before that resolution was passed, the National Industrial Court issued an order restraining him from taking such a decision. But, the deputy and governor went on to appoint an acting CJ on their own.
“The judges in Osun State are aware of the position of the law. In Ondo State, a judge was ousted for 15 years for accepting that kind of appointment.”
“If You Have Evidence Against Stanley Mbam, Charge Him; Otherwise, Release Him” — Oganiru Izzi
A socio-cultural organisation of Izzi extraction, Oganiru Izzi, has challenged Ebonyi State Governor, Chief Francis Ogbonna Nwifuru, to either release the state’s sacked Commissioner for Works, Mr Stanley Mbam, or charge him before a competent court if the government has credible evidence of wrongdoing against him.
The group said the continued detention of the former commissioner without a formal charge raises concerns about due process, constitutional rights and the rule of law.
The leader of Oganiru Izzi, Mr Godwin Mbam, made the demand while speaking with correspondents of National Issue Newspapers at the Crack Department of the Ebonyi State Police Command in Abakaliki.
Mbam condemned what he described as the prolonged detention of Stanley Mbam without allowing a court to determine whether he had committed any offence.
He challenged the state government to produce evidence if it believes the former commissioner committed a criminal offence.
“If there is credible evidence against him, charge him to court and let the court decide. If there is no case against him, he should be released,” Mbam said.
He also appealed to the Ebonyi State Police Command to uphold the Constitution and resist any pressure that could result in unlawful detention.
Vanco Flyover: “We Will Reveal the Full Details”
Mbam also issued a three-day challenge to Governor Nwifuru, declaring that if the former commissioner was not released or charged to court, his organisation would make public what it described as the “full details” of the Vanco Flyover project.
According to him, the proposed disclosure would address issues surrounding the project, including its funding, payments, contractual arrangements and other financial details.
“We will let the world know the full details of the Vanco Flyover and how the funds were utilised,” he warned.
He further challenged the state government to demonstrate transparency by making relevant documents concerning the project available to the public.
“What About the Alleged ₦1.5 Billion Forfeiture?”
The Izzi group also questioned what it described as the selective application of the state government’s anti-corruption campaign.
Mbam referred to allegations involving an account reportedly frozen by the Economic and Financial Crimes Commission (EFCC) and an alleged ₦1.5 billion forfeiture to the Federal Government.
He questioned why, according to him, the governor had allegedly not taken similar action if the facts surrounding the matter warranted it.
Mbam stressed that he was not opposed to the fight against corruption but insisted that any anti-corruption campaign must be comprehensive, transparent and applied equally.
“If Governor Nwifuru wants to fight corruption, let him fight it holistically. Nobody should be targeted while other serious allegations are ignored,” he said.
“If Nwifuru Says He Knows Nothing, We Will Produce the Facts”
Mbam further challenged Governor Nwifuru to publicly state whether he was aware of alleged corruption issues within the Ministry of Works.
“If Nwifuru publicly claims that he is unaware of corruption in the Works Ministry, I will make public the facts available to me. The facts will shock the state,” he declared.
He insisted that the matter should not degenerate into a political vendetta, arguing that the appropriate place to determine criminal liability is a court of law.
According to him, the people of Ebonyi State deserve clear answers concerning the Vanco Flyover and other issues involving public funds.
“Everybody Should Be Subject to the Law”
The Oganiru Izzi leader maintained that the controversy should be resolved through transparency, documentary evidence and due process.
“If there is a case, charge him. If there is no case, release him. The government cannot claim to be fighting corruption while abandoning the principles of justice and the rule of law,” he said.
Mbam warned that failure to address the issues could compel the organisation to make further disclosures concerning the Vanco Flyover and other matters it considers to be in the public interest.
By Our Correspondent
As Nigeria celebrates its 66th Independence Anniversary, the candidate for the House of Representatives seat representing the Ezza South/Ikwo Federal Constituency, Hon. Chief Kevin Tobias Chukwu, has called on Nigerians to remain hopeful and committed to building a better country.
Chukwu, also known as Ochiri Ozua 1 of Amagu Ikwo, made the call in an Independence Day message to Nigerians, particularly the people of Ezza South/Ikwo Federal Constituency and Ebonyi State.
He described the anniversary as not only a moment for celebration but also an opportunity to reflect on the state of the nation and the responsibilities of leaders in building a Nigeria that meets the aspirations of its citizens.
According to him, Nigeria’s journey since independence has been marked by significant challenges, with millions of citizens currently facing economic hardship, while young people continue to search for opportunities and many communities contend with insecurity and uncertainty.
Despite these challenges, the Ebonyi politician said the resilience of Nigerians remained a source of hope for the country’s future.
“I believe in the resilience of our people. I believe in the ingenuity of our youths, the strength of our women, the wisdom of our elders and the determination of ordinary Nigerians who wake up every morning and refuse to give up on this country,” he said.
Chukwu, however, stressed that hope must be matched by responsible leadership, arguing that public office should be viewed as a responsibility rather than a privilege.
He called for leadership that prioritises the protection of lives, creation of economic opportunities, provision of infrastructure, strengthening of institutions and responsible management of national resources.
The candidate also emphasised the need to create an environment where young Nigerians can pursue successful lives within the country and where hard work, merit and enterprise are rewarded.
He said Nigeria had “come too far to surrender to hopelessness,” urging citizens and leaders alike to remain committed to the country’s progress.
“A better Nigeria is still possible, but it will require responsible leadership, accountable institutions and citizens who refuse to give up on their country,” he said.
Chukwu concluded by expressing optimism about Nigeria’s future, declaring: “Nigeria will rise. Nigeria must rise. And together, we must build the Nigeria we deserve.”
He also paid tribute to the nation’s past heroes, praying that their sacrifices would continue to inspire the country.
“May the labour of our heroes past never be in vain,” he said, as he wished Nigerians a happy 66th Independence Anniversary.
By Okey Maduforo, Awka
As Nigeria celebrates its 66th anniversary of independence from colonial rule, democracy in the country has continued to evolve and deepen, the Anambra State Chairman of the All Progressives Congress (APC), Senator Emma Anosike, has said.
Anosike made the observation in a message to mark Nigeria’s Independence anniversary, noting that despite the challenges the country had encountered since 1960, its democratic system had continued to improve under successive administrations.
According to him, since the return to democratic rule in 1999, Nigeria has witnessed relatively smooth transitions from one administration to another, while citizens have continued to exercise their fundamental rights to hold governments accountable for their performance.
“Before the return of the democratic process, it was indeed difficult and near taboo to challenge the leadership of the country, and those who may have attempted it in the past faced grave consequences.
“Similarly, we have had smooth transitions from one dispensation to another, producing five presidents through the ballot and not through the barrel of the gun. These elected presidents were produced by different political parties.”
Anosike said the administration of President Bola Ahmed Tinubu had sustained the country’s democratic principles and created an avenue for Nigerians, irrespective of tribe, race or religion, to express their views on government policies and programmes.
“Under the stewardship of President Bola Ahmed Tinubu, Nigerians have been enjoying the freedom to express themselves over issues, policies and programmes of government, and those expressions have been shaping and guiding the administration of Mr President,” he said.
The APC chairman said Nigeria’s 66th independence anniversary provided an opportunity for citizens to reflect on the country’s journey as a nation and the progress made since independence.
He said President Tinubu’s Independence Day broadcast had offered another opportunity for Nigerians to renew their hope for a greater and more prosperous country.
Anosike also commended what he described as the “enormous infrastructural development” taking place across the country under the Tinubu administration.
He urged Nigerians to continue to support and have faith in the administration as the country approaches the 2027 general elections.
An Elder Statesman, Chief Hycienth Ngwu, has called on political leaders and policies formulators to ensure governmental policies and programmes directly touch lives of the people and reduce hardship in the country.
Ngwu, who is a prominent community leader in Enugu, urged Nigerians to maintain peace within neighbourhoods and communities, as no meaningful development can take place without peace.
The statesman made the call on Thursday in Enugu while reacting to the developmental efforts of Nigeria at its 66th Independence.
He said that previous and present administrations had put in place policies and programmes to reset the socioeconomic fabric of the nation.
Ngwu said that while the removal of fuel subsidy, and unification of the foreign exchange had good intentions, their impact is yet to reflect on the lives and livelihoods of vast majority of Nigerians.
He urged leaders to ensure that public resources were properly managed while citizens remained patient with reforms aimed at improving the socioeconomic status of the country.
The elder statesman noted that at 66th independence, the country was still struggling on keeping its peace and co-existence as a country; adding that the founding leaders of Nigeria envisaged a closely united, bonded and peaceful country.
He called for return to policies that promote local production, indigenous industries and entrepreneurship, arguing that excessive dependence on imports had continued to weaken the country’s productive capacity.
According to him, we are yet to achieve economic independence even as we needed to do more on non oil revenue earns as the greater part of the world is moving towards greener and clean energy.
“Greater emphasis should be on skills acquisition, creativity and entrepreneurship education system, as academic qualifications without practical skills could leave graduates dependent on scarce white collar jobs.
“We ought to be economically productive nation capable of producing and exporting goods while developing its human capital,” he said.
Ngwu noted that current insecurity and social instability could be partly attributed to poverty and ignorance, while calling for greater honesty and trust between leaders and citizens.
“Corruption, tribalism and selfishness must be addressed if Nigeria is to achieve peace and lasting progress,” he added.
He also called for the scrapping of state electoral commissions as they have not helped in deepening democracy at that level. The National Election body should take over that responsibility.
As Nigeria marks its 66th Independence Day, Macmaduson Concepts Limited, a leading provider of HVACR,industrial parts, sensors, electrical and plumbing materials, has extended warm Independence Day greetings to its customers, clients and business partners across the country.
In a goodwill message to mark the occasion, the company expressed appreciation to its valued customers for their continuous support, trust and partnership over the years.
Macmaduson Concepts Limited, which specialises in HVACR,Industrial Materials, sensors, air-conditioners, refrigerators, cold rooms, chillers, refrigerants, electrical materials and plumbing materials, said the occasion provides an opportunity to celebrate Nigeria and reflect on the nation’s journey.
The company wished Nigeria continued growth, unity, peace and prosperity, while expressing hope for a brighter future for all Nigerians.
The message from the company reads in part:
At Macmaduson Concepts Limited, we celebrate our great nation, Nigeria, and appreciate our valued clients for their continuous support, trust and partnership. May Nigeria continue to grow in unity, peace and prosperity.”
The company concluded its Independence Day message with the theme: “One Nation, One People, A Brighter Tomorrow.”
Happy Independence Day, Nigeria!
Happy 66th Independence Anniversary from Macmaduson Concepts Limited.
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