NJC clears Osun Chief Judge, reverses suspension of Court of Appeal Judge

The National Judicial Council (NJC) has cleared the Chief Judge of Osun State, Oyebola Ojo, of all allegations of financial impropriety and judicial misconduct levelled against her by judiciary workers in the state.

The decision was taken during the Council’s 110th meeting on Wednesday, presided over by the Chief Justice of Nigeria, Kudirat Kekere-Ekun. 

In a statement on Wednesday, NJC Deputy Director, Information, Kemi Babalola-Ogedengbe, said the Council upheld the findings of a three-member investigation committee constituted to probe petitions against Mrs Ojo.

The petitions were submitted by Eludire Kunle, a staff member of the Osun State Customary Court of Appeal and chairman of the state chapter of the Judiciary Staff Union of Nigeria (JUSUN), alongside three others. 

Additional complaints came from the Speaker of the Osun State House of Assembly, Adewale Egbediran; Temitope Fasina; and a joint petition by the Osun State Attorney-General, Oluwole Bada, with four alleged members of the State Judicial Service Commission.

Allegations against Mrs Ojo included unilateral suspension of judiciary staff, selective promotion, stoppage of training programmes, disobedience of court orders, and misappropriation of funds, including N7.4 million meant for judges’ and magistrates’ retreats, N5 million robe allowances, and proceeds from e-affidavits.

The investigation committee concluded that the judiciary staff suspension complied with due process and followed the recommendation of the appropriate disciplinary committee. 

It affirmed that the State Judicial Service Commission exercises statutory authority over staff training and promotions. 

After examining all evidence, the committee found no proof that Mrs Ojo misappropriated robe allowances, retreat funds, or e-affidavit proceeds, and confirmed that she did not personally benefit from any financial transactions. 

Based on these findings, the committee recommended the dismissal of all petitions, a recommendation that the NJC fully adopted.

In Osun State, court operations have been disrupted for well over a year due to strike actions organised by JUSUN as a result of union’s unresolved grievances.

Political interference from the administration of Governor Ademola Adeleke has also contributed to the crisis.

In November 2023, Governor Adeleke suspended Ms Ojo as the chief judge, over allegations of misconduct, abuse of power, corruption and disregard for rule of law levelled against her by the House of Assembly.

The governor went further to name a High Court judge in the state, David Afolabi, as the Acting Chief Judge.

PREMIUM TIMES reported that Mr Afolabi rejected the appointment on the grounds that it was done by the governor without NJC’s input as prescribed in the Nigerian constitution and judicial precedents. Mr Afolabi promptly communicated his decision not to accept the appointment to the NJC.

The Nigerian Bar Association (NBA) condemned the suspension of the substantive chief judge by the governor, saying action negated the principle of separation of powers and was carried out in disregard of a court order.

It said the governor’s action was unlawful as it failed to follow the constitutional procedure for removing a chief judge.

NJC reverses Appeal Court judge’s suspension, other council decisions

The NJC also on Wednesday dismissed a petition against Gentu Timi of the Delta State High Court over alleged professional misconduct in a chieftaincy dispute after the petitioner, Mbanefo Nwoko, withdrew it following resolution of the dispute.

In another resolution, the Council reversed the one-year suspension without pay of Jane Inyang of the Court of Appeal, Uyo Division. 

Ms Inyang had been suspended for allegedly granting improper ex parte orders while presiding over a Federal High Court case in Uyo before her elevation. 

The NJC noted that the matter was already under appeal and the complaint was filed beyond the six-month statutory period.

The Council further reviewed 39 petitions through its Preliminary Complaints Assessment Committees, dismissing 26 as lacking merit, recommending seven for further investigation, and cautioning two judicial officers for procedural lapses, including delayed judgments and inappropriate language in court responses.

The NJC reiterated its warning against indiscriminate granting of ex parte orders and advised Heads of Court to exercise caution when assigning complex cases to newly appointed judges.