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You can’t sack Ondo Chief Judge Court warns Akeredolu,  Ondo Gov  

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An Abuja Federal High Court had ruled that Governor Oluwarotimi Akeredolu of Ondo State cannot sack the state Chief Judge, Oluwatoyin Akeredolu.

In a judgment on Thursday, Justice  Inyang Eden Ekwo held that the governor and five others seeking to remove the Chief Judge from office without recourse to the National Judicial Council, NJC, lacked constitutional powers to do so.

Therefore, Justice Ekwo granted an order of perpetual injunction, restraining the governor and five others from probing, investigating or tampering with activities of Justice Akeredolu in the discharge of her official duties.

He also nullified any decision made by the governor and other defendants with the objective of suspending, sacking and investigating the state Chief judge because doing so would amount to illegality.

Justice Ekwo further held that the powers to investigate, probe and indict any judicial officer for any misconduct in the discharge of duties is constitutionally vested in the National Judicial Council (NJC) only.

The court further held that for a state governor to unseat a judicial officer, he must act on the recommendation of the NJC adding that in the instant case, the NJC had not investigated the plaintiff’ and that there was no recommendation from NJC for governor Akeredolu to act upon to legally remove the Chief Judge.

He dismissed the claims of the governor and the Info State Attorney General that the case of the Chief Judge was opinionated and speculative adding that all averments in the supporting affidavit were founded on facts of law.

The Judge bound the governor and the Attorney General to act strictly to the provisions of the law before any judicial officer can be investigated or removed from office.

Consequently, Justice Ekwo barred the six defendants, their agents and privies from acting on any purported investigation report to carry out any illegal act against the Chief Judge.

Justice Akeredolu had in the suit filed on her behalf by Mr Jibrin Okutepa SAN contended that the Ondo State Governor, the AG and the House of Assembly lacked the powers under the Constitution to investigate the Chief Judge for any allegation of professional misconduct.

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