By Vivian Okejeme, Abuja
The Federal High Court, Abuja, yesterday held that the Ondo State Governor, Mr Oluwarotimi Akeredolu, SAN, lack the power to sack the Chief Judge of the State, Justice Oluwatoyin Akeredolu.
In the judgement delivered by Justice Inyang Ekwo, the court held that the governor and five others, seeking to remove the Chief Judge from office without recourse to the National Judicial Council NJC lacked constitutional powers to do so.
The court held that the powers to investigate, probe and indict any judicial officer for any misconduct in the discharge of duties is constitutionally vested in the National Judicial Council NJC only.
Consequently, the court rather granted an order of perpetual injunction, restraining the governor and five others from probing, investigating or tampering with activities of Justice Akeredolu in the discharge of her official duties.
Furthermore, the court made an order nullifying any decisions made by the governor and other defendants aimed at suspending, sacking and investigating the plaintiff on the ground that doing so will tantamount to act of illegality.
Justice Ekwo maintained that for a state governor to unseat a judicial officer, he must act on the recommendation of the NJC adding that in the instant case, the NJC had not investigated the plaintiff’ and that there was no recommendation from NJC for governor Akeredolu to act upon to legally remove the Chief Judge.
Justice Ekwo dismissed the claims of the governor and the Attorney General of Ondo that the case of the Chief Judge was opinionated and speculative adding that all averments in the supporting affidavit were founded on facts of law.
The Judge therefore held that the governor and the Attorney General must act strictly to the provisions of the law before any Judicial officer can be investigated or removed from office.
Consequently, Justice Ekwo barred the six defendants, their agents and privies form acting on any purported investigation report to carry out any act of illegalities against the Chief Judge.
Justice Akeredolu had in the suit filed on her behalf by Mr Jibrin Okutepa SAN contended that the Ondo State Governor, the AG and the House of Assembly lacked the powers under the Constitution to investigate the Chief Judge for any allegation of professional misconduct.
