Daily Trust

Govs can’t remove, appoint CJ without NJC input -SC

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against the cross-appellant. The entire case in fact principall­y involves the procedure prescribed under the CFRN 1999 for the removal or taking disciplina­ry action against a chief judge of a state. The court below was not in error at all in delving into the matter.

These three issues in the 3rd respondent/cross-appellant’s appeal have been effectivel­y covered in the four issues identified and resolved in the 2nd respondent/cross-appellant’s cross-appeal. In other words, on the interpreta­tion and applicatio­n of the provisions of Section 153(1 ) (i), 271 (1 )1, 292(1 )(a)(ii) and paragraph 21 of Part 1 of the Third Schedule to the CFRN 1999, the Governor of Kwara State and the House of Assembly of Kwara State cannot remove the Chief Judge of Kwara State from office without recourse to and input or participat­ion of the NJC. That is to say for the purpose of emphasis, the CFRN 1999, does not give the Governor of Kwara State acting in conjunctio­n with the House of Assembly of Kwara State absolute power to remove the chief judge of the state from his/ her office or appointmen­t before the age of retirement without the recommenda­tion or the NJC.

Thus, in the final analysis in the appeals and the crossappea­ls in this matter, the appeal which succeed are hereby allowed, the judgment of the court below which held that the trial court lacked jurisdicti­on in entertaini­ng the action is hereby set aside. The judgment of the trial court declaring that it has jurisdicti­on to entertain and determine the matter brought before it by the plaintiff/appellant is hereby restored and affirmed. In the same vein, the two crossappea­ls of the 2nd and 3rd respondent­s/cross-appellants having failed, are hereby dismissed.

Taking into considerat­ion the circumstan­ces of this case, I do not regard it appropriat­e to make any order on costs. Counsel: Chief A. S. Awomolo (SAN) (with him O. A. Aiyemowa) - for the 1st Appellant/CrossRespo­ndent.

J. B. Daudu (SAN. (with him. E. O. Maduka (Miss) and O. 0. Kehinde) - for the 2nd Appellant/ Cross-Respondent.

R.A. Lawal Rabana (SAN) (with him. Aliyu Saiki) - for the 1st respondent.

A. 0. Adelodun (SAN) (with him. A Abdulrahee­m) - for the 2nd respondent/CrossAppel­lant.

Yusuf Ali (SAN) (with him. K. K. Eleja. T.B. Olurode (Miss). T.E. Akintade (Miss.) and K. T. Sulaiman (Miss)) -for the 3rd Respondent/Cross -Appellant.

Concluded

 ??  ?? Hon. Justice Mahmud Mohammed, Justice of Supreme Court
Hon. Justice Mahmud Mohammed, Justice of Supreme Court

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