http://tribune.com.ng/sun/the-polity/9172-osun-cjs-appointment-and-the-unending-judicial-controversy

Will the current controversy surrounding the appointment of a new Chief Judge for Osun State not hinder the administration of justice in the state? OLUWOLE IGE reports on the intrigues that have characterised the choice of who leads the Osun judiciary.


FOR Governor Rauf Aregbesola of Osun State, the controversy over who should succeed the out-gone Chief Judge in the state, Justice Olaniyi Ojo has become a nagging issue which has generated varied reactions, not only in the judiciary, but also in the nation’s polity. Apparently, the situation is getting messier almost on a daily basis, considering the unfolding events seemingly causing disquiet and concern regarding its constitutional implications.


Many are beginning to wonder about the depth of the intrigues, interests and political undercurrent currently playing out in the attempt to fill the vacuum or lacuna created following the exit of the former chief judge, who bowed out, having attained the retirement age of 65 years.


It is interesting to note that the incumbent governor in the state inadvertently stirred the hornet’s nest,  when some months before the exit of the former CJ, he moved to bring Justice Olubunmi Oyewole from the Lagos judiciary to take over as the highest judicial officer in the state.


Many believe that the resolve of the governor to bring somebody from the Lagos judiciary may have sparked off a constitutional and moral debate, taking into cognisance the interest of other eligible judges in the Osun State judiciary, who were nursing the ambition to take over as the Chief Judge. Pundits are of the view that only the governor understands the reason he opted to bring a Lagos judge to head the judiciary in his state.


Some constitutional lawyers, who spoke under condition of anonymity, told our correspondent that the nation’s constitution was emphatic enough to clarify that only a serving judge in a particular state can aspire to become the Chief Judge of that state, given the dictates of laws and the strength of the recommendation of the National Judicial Commission (NJC).


Though Governor Aregbesola’s choice of Justice Oyewole failed to get the nod of the NJC, in Abuja, some concerned indigenes of the state swiftly approached a Federal High Court in Abuja, challenging the action of the Governor , just as they joined the Chief Justice of the Federation, Justice Mariam Aloma Mukhtar, and the Judicial Service Commission as co-defendants in the suit.


The plaintiffs in the suit, a legal practitioner, Mr Kehinde Adesiyan and Honourable Tunji Sunday Adewole also joined Governor Aregbesola, Justice Dalhatu Adamu and the NJC as defendants in the litigation.


According to the originating summons, in a suit no FHC/ABJ/CS/546/2012 a copy of which was obtained by Sunday Tribune, the plaintiffs were seeking “an order of perpetual injunction restraining the NJC from approving the name of Hon. Justice Olubunmi Oyewole of Lagos State Judiciary, nominated by the Osun State Judicial Service Commission for the purpose of recommending him to the governor for appointment as the Chief Judge of Osun State”.


It read in part, “a declaration that the legislative power of the Osun State House of Assembly is not extended to the legislative jurisdictional power of Lagos State House of Assembly, which is another state in the Federation of Nigeria”.


“A declaration that the recommendation of any person to be the Chief Judge of a state must be drawn from the list of Judges who subscribed to the oath of service in the particular state of service and must be made without affection or ill-will”.


The plaintiffs were also seeking, among others “an order directing the Governor of Osun State to appoint a serving judicial officer from Osun State Judiciary to the position of Chief Judge of Osun State on the recommendation of the National Judicial Council after the expiration of the tenure of the incumbent Chief Judge”.


While the litigation was still pending in the court, the governor submitted three names of eligible judges to the NJC for consideration, out of which the judicial body picked Justice Oyebola Ojo, whose name was subsequently sent to the the Osun State House of Assembly as the new nominee for the vacant post.


The legislature raised the hope of the nominee, when, on Monday, it asked her to submit 26 copies of her curriculum vitae to the assembly so that the lawmakers could scrutinise it and also assess her pedigree as prelude to the screening exercise.


But the curtail fell on the hope and expectation of the nominee on Wednesday, as the house of assembly, led by its speaker, Honourable Najeem Salaam, in a voice vote rejected the nominee, on the grounds of pending litigation in the court, citing standing rule 38 of the House as critical issues that punctured the nomination of Justice Ojo.


The lawmakers, who are constitutionally vested with the powers to approve the nomination of the new Chief Judge, however, urged the governor to appoint the most senior judge in the state judiciary to hold forte in acting capacity, pending the determination of the cases by the court. Their argument was predicated on the fact that it would amount to prejudice, flagrant disrespect for the rule of law and supremacy of the court if they should go ahead with the screening or veto the nomination of the governor’s nominee.


In a letter forwarded to the Speaker, Governor Aregbesola explained that in replying to the letter he sent to the chairperson of National Judicial Council (NJC), Justice Aloma Mukhtar recommended Justice Oyebola Ojo to him for the vacant post, adding that in line with the dictate of the nation's constitution, the  process of confirmation of the Chief Judge of a state lies with the state parliament.


Even, the rejected nominee confirmed that there was a petition sent to the NJC by a group within the state judiciary, identified as the Body of Judges to register their displeasure when they got wind that a judge would be brought to Osun from Lagos state.


According to her, "the letter written by the Body of Judges was not meant to be confrontational, but to convey our feelings on a judge that was to be brought from Lagos state to NJC".


Now that the House of Assembly had refused to confirm Justice Oyebola Ojo as the new CJ in Osun, the chances of the state to resolve the logjam are getting slimmer, thus opening another chapter of intrigues in the bid to enthrone a candidate in the number one position in the state’s judiciary. Where this seemingly endless search for a Chief Judge will lead to can only be determined by the unfolding events.


In a nutshell, will Osun be left out in the leagues of states with substantive chief judges?  This poser remains a million dollar question begging profusely for the right, timely and concise answer.

Is this not a shame? ACN in dier quest to control power wud attempt to control d Judiciary! Why bring a Judge from Lagos and attempt to force him on anoda state's Judiciary in complete disregard for extant and constitutional procedures on the mata? And why wud d State House of Assembly try to stall d appointment of d rightful candidate (the oldest member of d state's Judiciary) even after the express directive of d NJC?

Like i said in anoda thread to PDP, these politicians shld not bring their 'madness' to about the only institution with sm measure of sanity left in our country. SHAME on Arigbesola; plz Sir correct this Asap

taharqa: Is this not a shame? ACN in dier quest to control power wud attempt to control d Judiciary! Why bring a Judge from Lagos and attempt to force him on anoda state's Judiciary in complete disregard for extant and constitutional procedures on the mata? And why wud d State House of Assembly try to stall d appointment of d rightful candidate (the oldest member of d state Judiciary) even after the express directive of d NJC.... Like i said in anoda thread to PDP, these politicians shld not bring their 'madness' to about the only institution with sm measure of sanity left in our country. SHAME on Arigbesola; plz correct this Asap

If Nigeria were truly a federal state and if regions had derogated powers, would it matter what state a judge comes from so long he is Yoruba?