OSUN CHIEF JUDGE SAGA: IS THE NBA FAR FROM THE LAW?

By: James Tanimola Esq.

I read a release by the Nigerian Bar Association purporting to be the position of the NBA regarding the Osun Chief Judge saga. I was wondering, after reading, whether the piece was actually issued in the name of the NBA or the personal opinion of an individual or a group of Lawyers. If it was the opinion of an individual or a group of Lawyers, then there will be no need for this my rejoinder, however, if it was truly the position of the NBA, I would say then that NBA National and of course any branch that may be associated with the position must have been far from the law.

Firstly, the position as purportedly rendered by the NBA was a rushed and crushed judgment, a prejudicial position that must have been sold to the NBA National by some elements holding the brief of the Osun Chief Judge. Instead for the NBA to adopt the principle of audi alterem partem before being stampeded to make a release, the NBA officials fell a prey for the stampede. The question is did the NBA contact the Speaker of the Osun State House of Assembly to hear his own side before making the watery release in a manner consistent with that of whitewashing big lies.

Well, without any apology, the NBA as a body must have been far from the law by making such an embarrassing release without verifying facts and figures, and without due consultation with the laws. It was like a farmer sewed an unfitting jacket for a tailor, and the tailor, as professional as he claims, put on the jacket only to be seen not to be fitting. The best is for the tailor to remove the jacket and sew another one or amend the badly sewn jacket, to prove that he is truly a professional.

For a reminder, the resolutions of the Osun House of Assembly should be ready over and digested again. They haven't exercised any disciplinary control over the Chief Judge. The House of Assembly, made resolutions carrying the NJC and the JSC along. This was a clear departure from the instances and cases with which the NBA bombarded her sentimental release in the name of the NBA as if all lawyers support her position.

Is the NBA far from Sections 128 & 129 of the 1999 Constitution of Nigeria, vesting investigative powers in the State Assembly to make findings regarding matters in respect of which they have powers to make laws, so much that they have powers to receive evidence, summon witnesses while exercising their investigative powers and it extends to all authorities and persons, a judge, however high, inclusive, if the issue concerned is about matters, especially as it concerns funds appropriated by the House of Assembly. The Constitution is clear that the purpose of the section is to expose corruption. That is what the Osun State House of Assembly has done here. The Assembly is populated by vibrant youths and qualified professionals including seasoned lawyers who knows their onions and who might have consulted widely before making their Resolutions.

Let the NBA tell us that the provisions of sections 128 & 129 of the 1999 Constitution are no longer there. The House of Assembly has acted within the law, that they have exposed corruption in the Osun Judiciary, and in order to ensure discipline, the affected judicial officer be referred to the NJC. Have they foiled the law? Not at all. They haven't exercised any disciplinary control over the judge.

And come to think of it, the power to appoint or remove a judge is not exclusive to the NJC. It is a tripartite arrangement among the Executive, the Legislature and the NJC. Whether appointment or removal, the NJC can only recommend, the executive approves and the approval must be with the support of two-third majority of the State Assembly or the Senate depending on whether the judicial officer is of a State or Federal. The constitution is clear about it. It is therefore a fallacy that investigating, disciplining and removing a judge is exclusively that of the NJC.

I State it again, all the cases cited by the NBA, the Habeeb Elelu's case and others are not applicable in this circumstance. The House has powers to investigate a judge. And the rule of natural justice dictates that she can't be sitting as the Head of the Judiciary while she is being investigated. And in recoursing to the NJC, the House of Assembly has done well, and by appointing an Acting Chief Judge with a notification to the NJC awaiting their response before swearing-in the Acting Chief Judge was a good step on the part of the State Executive.

Instead of the NBA to make a general statement, studying the situation and following keenly, the NBA fell for the emotions of the lawyers who are propagandists and they have brought an embarrassment to the NBA.

Is it that the law is far from the NBA as a body or it is the NBA that is far from the law.

James Tanimola writes from Osun State.