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By Great Oluwaseun
The Rule of Law, as defined by the World Justice Project, stands as a steadfast framework encompassing laws, institutions, norms, and communal dedication that uphold four fundamental principles: accountability, just law, transparent government, and equitable, unbiased justice. In Nigeria, adherence to the Rule of Law implies a strict adherence to legal processes, requiring both government and governed entities to justify their actions within the bounds of the law.
The 1999 Constitution of the Federal Republic of Nigeria, as amended, outlines the laws governing both the authorities and the populace, emphasizing the necessity for governance within recognized rules and principles.
The ongoing saga within the three arms of government in Osun State underscores the imperative need to scrutinize our constitutional precepts, investigating the checks and balances laid out within the Nigerian Constitution. Could the current discord between Osun State’s government branches potentially necessitate the removal of the Chief Judge, prompting the involvement of the NJC?
Justice Oyebola Adepele-Ojo’s confirmation by the 5th Assembly on June 11, 2013, under Rt. Hon. Najeem Salaam’s leadership emphasized the need for substantive justice over technicalities. This, paired with the urging for a united judiciary to combat crime and corruption, highlighted the significance placed on justice and the rule of law during her swearing-in by Governor Rauf Aregbesola on June 17, 2013.
However, recent events have seen the Osun State House of Assembly, under the leadership of Rt. Hon. Adewale Egbedun, passed a resolution on November 16, 2023, requesting Justice Oyebola Adepele-Ojo to step aside pending investigations into forwarded petitions. Governor Ademola Adeleke subsequently endorsed this resolution, prompting divergent opinions on his actions. It’s best to state clearly that the matter is between the House and the CJ.
This action, supported by Governor Ademola Adeleke, has stirred varied opinions. Speculations hint at the Governor’s potential involvement in the matter, raising questions about his motives in possibly removing a fellow Ede native from office. How can one even believe that because Governor Adeleke has been accused times without numbers of the agenda to “Edenize” Osun State?
Accusations of blackmail against the Governor, through the use of “Ede Agenda” or through Adedoyin’s case, whenever the Governor wants to act on petitions against Justice Adepele-Ojo. Does being an Ede citizen warrant immunity, or should the Governor shield his kinswoman from answering the allegations against her? If that’s not the case then, could it be that Adedoyin’s case is the reason for the CJ’s “witch hunting”?
Does Adeleke have a personal interest in Adedoyin’s case? Does Adeleke have any personal relationship with Adedoyin that can warrant him wanting to influence the delivery of justice? There are many questions to ask concerning Adedoyin’s case and Adeleke’s interest (if there are any). However, what does Adeleke stand to gain if his kinswoman is sent away because of his personal interest in the case when he can go through the Attorney General based on “nolle prosequi”? If there is any interest from the Governor, it can only be an interest to stand against corruption and also clear his kinswoman from the allegation.
However, amidst the scrutiny of the Governor’s involvement, the focus also shifts to the 8th assembly’s role. Did the House act in accordance with the rule of law, or did the events of November 16 signify an assault on the judicial arm of government?
According to Section 128 (2) (b) of the Constitution of the Federal Republic of Nigeria:
(2) The powers conferred on a House of Assembly under the provisions of this section are exercisable only for the purpose of enabling the House to –
(b) expose corruption, and inefficiency of waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it.
Nevertheless, what is Rt. Hon. Adewale Egbedun’s interest in the case? What are the allegations against the CJ that could warrant asking her to step aside? Does the house have the power to investigate her based on the petitions? The answer to these questions can be obtained from the News Release from the CPS of the Speaker, Mr Olamide Tiamiyu on 20th November 2023.
In the news release, Mr Tiamiyu itemized some of the allegations against the Chief Judge, which include:
1. Diversion of the funds for the State Judiciary Library.
2. Diversion of the robe allowance of a brother judge of the Osun State High Court which is about #5,000,000: 00 (Five Million Naira).
3. Indiscriminate suspension of Judicial staff without going through the Judicial Commission and diversion of their salaries.
4. Diversion of revenue due to the Government from filing electronic affidavits through the sole appointment of a consultant by the Chief Judge. In this case, the consultant makes #1000 on an affidavit as against just #250 that is being remitted to the state coffers.
5. Disobedience of a Court judgment that discharged and acquitted a judicial staff of the allegation of embezzling #30,000 typing sheet fund.
6. Diversion of the proceeds that were recovered from the convicted armed robbers of the Ikirun robbery.
Having seen the allegations against the CJ, one can conclude that Egbedun’s and the 8th assembly’s interest is to investigate the corruption allegation against the CJ. Nevertheless, where is the Osun JUSUN in all these? But why ask her to step aside from her office?
Before now, Osun JUSUN has applied different means to relate their displeasing conditions to the CJ, and one of their actions is the 10th September The Nation publication page 27 where the suspended members were interviewed.
In the heat of the drama, The Osun Judiciary Staff Union of Nigeria (JUSUN) joined the discourse, expressing concerns about the CJ’s conduct by picketing the high court on 20th November. While addressing the press, the Osun JUSUN Chairman, Mr Gbenga Eludire reflected on their discontent with prolonged suspensions, unpaid allowances, and a halt in worker training raising questions about where the monies are.
The Chairman of the House Committee on Judiciary, Hon (Barr) Kanmi Ajibola while addressing the protesting judicial workers on behalf of the House said the legislature’s actions were geared towards cleaning the judiciary of corruption to restore the confidence of the people.
“But let me state clearly, we received some petitions against the CJ, and there are reports accompanying those petitions that if the CJ is allowed into her office, there are some documents that will be tampered with, that will distort the investigation.”
“And on this note, the people that brought petitions, are entitled to fair hearing. The CJ, whom the petition was brought against is also entitled to a fair hearing. But to balance justice with a fair hearing in this case, the House sat and decided that while this investigation is on, and for the security of documents that have been said, which go into the foundation of the case we are having before us, the CJ should step aside” he said. Their interest appears to be an investigation into these allegations, as indicated by the House Committee on Judiciary.
Some speculators raised their concern about the timing of this investigation because the JUSUN claim the illegal suspension of their member happened over 3 years ago. So why then didn’t the 7th Assembly look into the petitions? Or perhaps the petitions were just sent in the 8th assembly? Regardless, could it be said that the 7th Assembly were nonchalant about the concerns of the citizens? Why is there so much criticism from the opposition party in the state, particularly members of the last administration? Some even believed the last administration lost its moral ground to fight corruption as a result of the “technicality” judgement that kept them in office.
Another question is, what is the NJC’s interest in the Osun Judicial Saga? The House of Assembly mentioned that the same petitions received by them were also sent to the NJC yet nothing is being said about it. Could it be that they are trying to protect the interest of their member at the expense of the petitioners and the affected people? Of course, that’s not the case. A body charged with the responsibility to fight crime and corruption among the judicial system and the members of the public will never try to sweep any corruption case underneath.
The House gave the its Committee on Judiciary 7 days to investigate the petitions against the CJ, and whatever findings the committee gets will be forwarded to the National Judicial Council (NJC). The outcome of these investigations and the subsequent recommendations from the NJC remain pivotal in addressing the intricate dilemma facing Osun State’s judiciary.
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