A Kogi State High Court in Koton-Karfe on Tuesday
ruled that the state executive and legislative arms, jointly or unilaterally,
cannot remove the state Chief Judge, Justice Nasir Ajanah, from office without
recourse to the National Judicial Council (NJC).
The presiding judge, Justice Alaba Omolaye-Ajileye,
made the declaration in his judgement on the suit brought against the state assembly,
the governor and three others by Justice Ajanah and the state Chief Registrar,
Alhaji Yahaya Adamu.
The court also declared that the Chief Registrar of
the state High Court held a statutory position as the accounting officer of the
judiciary and was therefore, not subject to the control and supervision of
either the executive or the legislative arm of government.
Justice Omolaye-Ajileye, who granted all the
reliefs and declarations sought by the claimants in the suit, said: “On the
whole, I find merit in this action and it succeeds. All the declarations sought
are allowed.
“By item 21 of the Third Schedule to the 1999
Constitution (As Amended), the NJC is the body empowered to exercise
disciplinary control over all judicial officers in Nigeria.
“It is also stated that it is the NJC, established
under Section 153(i) of the constitution (as amended), that has the power to
recommend to the governor, the removal of a judicial officer.
“Where a Chief Judge of a state is to be removed,
for whatever reason, it is the NJC, not the state House of Assembly that is
empowered to make recommendations to the governor of a state under item 21(d)
of the Third Schedule to the constitution.
“To allow only the House of Assembly and the
governor of a state to remove a Chief Judge of a state or any judicial officer
for the that matter without the input of the NJC, will be monstrous and
outrageous as it is capable of destroying the very substratum of justice and
introducing a system of servitude, utterly inconsistent with the constitutional
independence of judges.”
The judicial officers had approached the court to
challenge the powers of the defendants to remove the Chief Judge and punish the
Chief Registrar over refusal to be investigated by the House of Assembly.
The suit no: HC/KK/11CV/2018 brought by the Chief
Judge and the Chief Registrar had as respondents, the Kogi State House of
Assembly, the Speaker of the House, Bello Hassan Abdullahi; chairman of the Ad
Hoc Committee, the state governor and the state Attorney-General.
The claimants, in their originating summons, posed
four questions for determination which revolved round whether the defendants
had the power to remove the Chief Judge as a ‘Judicial Officer’ within the
meaning of sections 292 and 318 of the 1999 constitution.
They also sought to know among others, whether the
first defendants (Assembly) or its committee was vested with the power to invite
the first claimant (Ajanah) to the floor of the assembly for the purpose of
investigation.
They sought declarations that the defendants were
not vested with the power to remove the CJ or invite him to the floor of the
assembly for purpose of investigation, and that constitution of the ad hoc
committee by the assembly of December 11 was unconstitutional, ultra vires of
the first defendant and therefore, null, void and of no effect.
They equally sought orders of perpetual injunction
setting aside the purported resolution and another restraining the defendants,
their agents, privies or servants from investigating or exercising any form
disciplinary control or sanctions on the claimants.
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