A human rights and activist lawyer, Femi Emmanuel-Emodamori, has sued Governor Rotimi Akeredolu of Ondo State over the continued stay in office of the state’s Acting Chief Judge, Justice Temitayo Osoba. Mr. Emodamori filed the lawsuit at the Ondo State High Court in Akure, the state capital.
In his originating summons, the plaintiff is urging the court for a declaration that Justice Osoba’s continued stay in office as the Acting Chief Judge of Ondo State violated the provision of section 271(5) of the 1999 constitution.
SaharaReporters obtained an electronic copy of the lawsuit filed earlier today. Listed as respondents in the suit are Justice Temitayo Osoba, Governor Akeredolu of Ondo State, and the Ondo State House of Assembly as the first, second and third defendants respectively.
The lawsuit wants the court to determine whether, in view of the combined provisions of section 271 (4) and (5) of the 1999 Constitution, Justice Temitayo Osoba could continue in office as the Acting Chief Judge of Ondo state beyond the period of three months without a formal extension of such period by Governor
Rotimi Akeredolu based on the express recommendation of the National Judicial Council (NJC).
In addition, the lawsuit seeks the court’s declaration regarding “Whether, in view of the provision of Section 271(5) of the
Constitution of the Federal Republic of Nigeria, 1999 (as amended), an extension of the three months within which the 1st Defendant can act as the Chief Judge of Ondo State should not have been made before the lapse or expiration of the three months and not afterwards.
“Whether, based on the combined provisions of Sections 271 (1), (4) & (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the 2nd Defendant is not constitutionally prohibited from re-appointing the 1st Defendant either as the acting or substantive Chief Judge of Ondo State after the lapse of three months following the assumption of office by the 1st Defendant as the acting Chief Judge without being duly appointed and confirmed as the substantive Chief Judge by the 2nd & 3rd Defendants respectively.”
Mr. Emodamori lawsuit further seeks a declaration that, based on the provisions of Section 271(5) of the 1999 Constitution, an extension of the three months within which Justice Osoba can perform the functions of the Acting Chief Judge of Ondo State ought to have been made before the expiration of the three-month period and not afterwards.
According to the lawsuit, Mr. Emodamori wants a ruling “that by the combined provisions of Sections 271 (1), (4) & (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the 2nd Defendant is constitutionally prohibited from re-appointing the 1st Defendant either as the acting or substantive
Chief Judge of Ondo State after the lapse of three months following the assumption of office by the 1st Defendant as the Acting Chief Judge without being duly appointed and confirmed as the substantive Chief Judge by the 2nd & 3rd Defendants respectively.”
He also seeks a ruling that “the 3rd Defendant cannot consider or approve the appointment of the 1st Defendant either as the acting or substantive Chief Judge of Ondo State after the lapse or expiration of three months following the assumption of office by the 1st Defendant as the acting Chief Judge without such requisite appointment and confirmation.
He also urged the court to determine that, based on the express provision of Sections 271 (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the 1st Defendant is under obligation to vacate the office of the Acting Chief Judge of Ondo State following the expiration of three months of her assumption of office in that capacity without confirmation or due re-appointment.”
The plaintiff wants the court to rule that, going by the 1999 Constitution, Governor Akeredolu and the Ondo State House of Assembly are constitutionally obliged to remove Justice Osoba from office of the acting Chief Judge of Ondo State upon expiration of three months of her assumption of office in the absence of due reappointment following the judge’s refusal to voluntarily quit the office.
In addition to petitioning the High Court to restrain Justice Osoba from acting as the Chief Judge of Ondo State, Mr. Emodamori also wants the court to restrain Governor Akeredolu from re-appointing Justice Osoba either as acting or substantive Chief Judge of Ondo State.
In addition, he is seeking an order to restrain the Ondo State House of Assembly from considering or approving the appointment of the Justice Osoba either as acting or substantive Chief Judge of the state.
On May 16, 2017, Mr. Emodamori had issued a 7-day ultimatum to Governor Akeredolu to remove Justice Osoba as the state’s acting Chief Judge on account of her alleged age falsification. His ultimatum letter was also addressed to the National Judicial Council (NJC).
An independent investigation by SaharaReporters revealed that Justice Osoba, who was on Monday, January 23, 2017 sworn in as acting Chief Judge by former Governor Olusegun Mimiko, had tampered with her official academic and other records in order to understate her age. Justice Osoba’s apparent motive for falsifying her age, claiming to be 60 instead of 67, was to enable her to remain in her judicial post.
On Friday, February 24, 2017, the embattled acting Chief Judge administered the oath of office on Governor Rotimi Akeredolu who succeeded Mr. Mimiko.
