NJC clears Osun chief judge of misconduct allegations
NJC clears Osun chief judge of misconduct allegations
The National Judicial Council (NJC) has cleared Oyebola Ojo, chief judge of Osun state, of allegations of financial recklessness, diversion of funds, and judicial misconduct.
The council said the decision followed its consideration and adoption of the report of a three-member investigation committee set up to probe multiple petitions filed against the judge.
The NJC announced the decision at its 110th meeting held on January 13 and presided over by Kudirat Kekere-Ekun, the chief justice of Nigeria (CJN).
On November 16, 2023, Ademola Adeleke, governor of Osun, suspended Ojo from office and approved the appointment of Olayinka Afolabi, as the state’s acting chief judge.
Adeleke approved the suspension of Ojo following the resolution of the Osun state house of assembly.
Ojo was suspended despite an order by the national industrial court restraining the governor from removing her from office.
Some days later, the Osun state government backtracked and said the chief judge was not suspended.
The NJC under the chairmanship of Olukayode Ariwoola, the former CJN, had its 104th meeting in December 2023, asked the state government to maintain the status quo, adding that only the council is constitutionally empowered to investigate judicial officers.
PETITIONS LACKED MERIT
In a statement issued on Tuesday, the council said the petitions against the suspended chief judge were initiated by a staff member of the Osun state customary court of appeal and chairman of the Osun chapter of the Judiciary Staff Union of Nigeria (JUSUN), alongside three others.
The NJC said similar petitions were also filed by the speaker of the Osun house of assembly, the state’s attorney-general, and four purported members of the state judicial service commission.
According to the council, the petitioners alleged, among other things, unilateral suspension of judiciary staff, selective promotion of staff, stoppage of training programmes, disobedience of court orders, and misappropriation of funds, including an alleged diversion of N7.4 million meant for judges’ and magistrates’ retreat, N5 million robe allowance, and proceeds from e-affidavits.
The council said the investigation committee sat on several occasions, during which all parties were represented by counsel and called witnesses in support of their cases.
The NJC said the committee found that the petition filed by the attorney-general and others on behalf of the Osun state judicial service commission was incompetent, noting that issues relating to their membership were already pending before a court.
It added that the remaining petitioners had the requisite locus standi to institute their complaints.
However, the council said the committee found that the suspension of judiciary staff followed due process and was recommended by the appropriate disciplinary committee.
It also held that matters relating to staff training and promotion fell within the statutory responsibilities of the state judicial service commission.
The NJC said there was no evidence that Ojo diverted robe allowances, misappropriated funds meant for a foreign retreat, withheld proceeds from e-affidavits, or personally benefited from any of the financial transactions complained of.
Advertisement
“The committee concluded that none of the allegations amounted to judicial misconduct or a breach of the revised code of conduct for judicial officers,” the statement reads.
The council said it accepted the recommendations in full and dismissed all the petitions against the Osun chief judge.
