Governor
Rotimi Akeredolu of Ondo State is on the cusp of swearing in a new acting Chief
Judge for the state despite intense pressure for the appointment of a
“substantive
Chief Judge”, SaharaReporters has exclusively learned.
The
appointment of the new acting Chief Judge is coming after the long expiration
of the tenure of the embattled acting Justice Temitayo Osoba. Justice Osoba
held on to the office in spite calls for her resignation.
Justice
Osoba has been mired in a scandal over forgery of her academic records and
falsification of her age in order to retain the acting position of the Chief
Judge of the state.
A highly placed
source in the state government confirmed the latest development in a
conversation on Friday. He added that the new acting Chief Judge had been
contacted to take up the new position from Ms. Osoba.
The source
revealed that the new acting Chief Judge also hails from the same local
government area as Governor Akeredolu. According to the source, the acting CJ
is the state's most senior justice and next in rank to Justice Osoba.
“The name of
the new acting Chief Judge is Justice Olarenwaju Oluwatoyin Akeredolu and she
is also from the same Owo Local Government Area as the Governor," our
source said.
He added:
"Justice Akeredolu is the second most senior after Justice Temitayo Osoba
whose academic record is currently being challenged at the High Court because
of her alleged age falsification.
SEE ALSO
Age
Falsification: Lawyer Sues Governor Akeredolu Over Justice Osoba's Continued
Stay In Office
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“Justice
Akeredolu is also regarded as having a clean academic record." The new
choice for acting CJ is currently at the Ondo State High Court in Akure.
Our source
said the state governor would most likely swear in Justice Akeredolu on Monday.
The position
of a substantial Chief Judge of the state has been the source of controversy
and dispute between senior judges of the state, with the President of the State
Customary Court of Appeal, Folasade Aguda Taiwo, even showing interest in the
office.
An authoritative
source claimed that the planned swearing in of Justice Akeredolu was a way to
ease out Justice Temitayo Osoba.
SaharaReporters
learned that Ms. Osoba, who was appointed in acting capacity by ex-Governor
Olusegun Mimiko, had made several moves to extend her tenure as the state's
acting Chief Judge.
A case
instituted to challenge Justice Osoba’s continued stay in office and alleged
age falsification is still been heard at the Ondo State High Court in Akure.
SaharaReporters
learned that Governor Akeredolu had already written Justice Osoba to urge her
to prepare her “handing notes” before next week and in preparation for her exit
from the office for the new acting chief judge of the state.
Several sources at the state Ministry of
Justice revealed that Ms. Osoba has been incommunicado since getting wind of
her removal last week.
“She has not
come to the office since last week, not even to perform her official duties.
And we noticed that her line has been off since Monday," a source in the
state judiciary said.
A document
obtained by SaharaReporters and dated June 20, 2017 showed that the National
Judicial Commission (NJC) had directed the state to commence the process that
would lead to the appointment of a substantive Chief Judge.
Signed by E.I
Odukwu the NJC's director of Administration, the document specifically stated
that Justice Aguda of the Customary Court should be allowed to participate in
the running for a Chief Judge for the state.
Meanwhile, a
source at the Ministry of Justice confirmed to our correspondent that Governor
Akeredolu had not reconstituted the Ondo State Judicial Service Commission.
“And this is
one of the reasons for the delay in the appointment of a substantive Chief
Judge for the state. And now another acting Chief Judge is about to be
appointed," said the source.
Last week,
Femi Emmanuel Emodamori, a human rights lawyer based in Akure, the Ondo State
capital, joined a chorus of people who have urged the governor to reconstitute
the Ondo State Judicial Service Commission.
In an
interview, he said constituting the commission was imperative in order to
commence a selection process for the appointment of a substantive Chief Judge
for Ondo state in line with section 197 of the 1999 Nigeria Constitution.
“The State
Judicial Service Commission is established by Section 197 (1) (c) of the
Constitution of the Federal Republic of Nigeria, 1999 (as amended) and its
composition is set out in Part 2 of the Third Schedule to the Constitution to
include 'the Chief Judge of the State who shall be the Chairman; the
Attorney-General of the State; the Grand Kadi of the Sharia Court of Appeal of
the State, if any; the President of the Customary Court of Appeal of the State,
if any; two members who are legal practitioners, and who have been qualified to
practice in Nigeria for not less than 10 years; and two other persons, not
being legal practitioners, who in the opinion of the Governor are of
unquestionable integrity.
“The powers of the State Judicial Service
Commission, according to paragraph 6 of Part 2 of the Third Schedule, include
advising the NJC on suitable persons for nomination to the office of the Chief
Judge of the State.
“It is
therefore imperative to reconstitute the Ondo State Judicial Service Commission
immediately and appoint an Attorney-General who is a statutory member of the
Commission to avoid a constitutional anomaly in Ondo State Judiciary," he
said.
According to Saharareporters, He added
that the governor could appoint another acting Chief Judge for the state to
avoid facing consequences from the National Judicial Commission, which directed
that a meeting of the state Judicial Commission be convened to begin the
process of a substantive Chief Judge.
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