Says it acted in accordance with the provisions of Section 292 (1) (A) (II) of the 1999 constitution of the Federal Republic Of Nigeria
The Speaker of Osun State House of Assembly, Rt. Hon. Adewale Egbedun has justified the step aside resolution of the House against the state’s Chief Judge, affirming that House acted in accordance with provisions of Section 292 (1) (A) (1) of the 1999 constitution of Nigeria.
In a statement signed by his Chief Press Secretary, Olamide Tiamiyu declared that it is important to address and explain the action taken by the House regarding the recommendation to the Governor to ask the Chief Judge of Osun State to step aside.
The unwavering commitment of the Osun Assembly under the leadership of Rt. Hon. Adewale Egbedun to upholding the Constitution and ensuring the proper functioning of the judiciary can never be over-emphasised. However, the situation at hand concerns the integrity of our judicial system and it must be safeguarded, and the principles enshrined in the Nigerian constitution must be upheld. The decision, which was reached after careful consideration and consultation, is rooted in the utmost respect for the rule of law and the principles of justice.
Section 292(1)(a)(ii) of the 1999 Constitution of the Federal Republic of Nigeria provides the circumstances under which a Chief Judge can be removed from office before reaching the age of retirement. It stipulates that the Governor may remove a Chief Judge, acting on an address supported by a two-thirds majority of the House of Assembly of the State. For ease of reference, I have reproduced the provisions of section 292 (1) (a) (ii) below:
“(1) A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances-
(ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State by the Governor acting on an address supported by a two-thirds majority of the House of Assembly of the State.”
In line with this constitutional provision, the Osun State House of Assembly passed a resolution, supported by a two-thirds majority, recommending to the Governor of Osun State, Senator Ademola Nurudeen Jackson Adeleke, that the Chief Judge be requested to step aside pending the outcome of the investigation of the allegations against the Chief Judge by both the House of Assembly and the National Judicial Commission. This recommendation comes after careful consideration of a petition referred to the House Committee on Judiciary, Public Petitions and Legal Matters, and the National Judicial Commission for investigation. Indeed, the two-thirds majority support from the House of Assembly signifies the collective determination to ensure transparency, fairness, and due process throughout this investigation.
It is important to emphasize that the House of Assembly’s action is not a hasty or partisan decision but one made to prevent the Chief Judge from using her influence and power to interfere with the investigation process or muscle the petitioners from presenting evidence supporting their allegations. The Osun Assembly strongly believes in the principle of fair hearing and due process, and the decision to request the Chief Judge to step aside is necessary to ensure an unbiased investigation into the allegations raised. The Osun Assembly has also invited the Chief Judge to appear before the House so that Her Lordship can respond to the grave allegations in the petition.
Furthermore, it is crucial to reiterate that the resolution passed by the House of Assembly does not imply guilt or a final decision regarding the allegations levied against the Chief Judge. The objective is to enable a comprehensive investigation and allow due process to take its course.
The Osun State House of Assembly stands firm in its mission to uphold the principles of justice, transparency, and accountability. The Osun State House of Assembly will continue to be responsive to the needs and aspirations of the people of Osun State while maintaining the integrity and independence of our judicial system.
In conclusion, I call upon all the people of Osun State to have faith in the process and trust that the Osun House of Assembly will discharge its duties with utmost diligence and integrity.
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