Sacked Chief Judge:Court Orders Kwara To Follow Due Process

The Court of Appeal in Ilorin on Friday ordered the Kwara Government to follow due process in the removal of its former Chief Judge, Justice Raliat Elelu-Habeeb from office.

The court, which ruled that Elelu-Habee’s removal from office on May 5, 2009 was null and void, also said that the Ilorin Federal High Court which had earlier ordered her reinstatement, lacked jurisdiction to entertain the case.

Justice Ignatius Agube, who read the lead judgment in the appeal case, said the state governor could not remove the chief judge without any input from the National Judicial Council (NJC).

He stressed that any breach of code of conduct by the Chief Judge that could have led to her removal, must be subject to NJC’s recommendation.

“If there is any breach of code of conduct, the Chief Judge must be referred to the code of conduct tribunal and the NJC will recommend her removal to the governor,” he said.

Agube said the Appellate Court upheld all the prayers of the respondents, save for jurisdiction, noting that the Kwara State High Court had jurisdiction to entertain the suit, and not the Federal High Court.

“The removal of the Chief Judge must be carried out by a body that is free from political influence.

“All the prayers of the second respondent at the lower court ought to have been granted, except for the jurisdication,” he added.

“The case should be properly tried at the Kwara State High Court or alternatively, government should go to the Supreme Court,” he added.