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Confusion In Osun Cabinet As Adeleke Denies Acting CJ Appointment
There seems to be disconnection within Governor Ademola Adeleke’s cabinet as a new directive emerged on Saturday discarding the earlier declaration by the government on the removal of the Chief Judge and appointment of an acting Chief Judge of the state.
The state government on Saturday denied news reports that Governor Adeleke had removed the Chief Judge and appointed an acting Chief Judge, claiming that the Governor had only forwarded the resolution of the House of Assembly and recommendation for an acting appointment to the Chief Justice of the Federation for decision and action.
The state government in a statement signed by Commissioner for Information and Public Enlightenment, Kolapo Alimi said Adeleke “is fully aware of the limit of his powers as well as the responsibilities of the various agencies of government and will therefore not act in any way to violate the constitution and rule of law.”
Nigerian Tribune reported that the governor in a terse statement signed by his spokesperson, Mallam Olawale Rasheed on Thursday announced the appointment of Justice Olayinka David Afolabi as the acting Chief Judge of Osun state.
This is coming some minutes after the governor approved the suspension of Justice Adepele Ojo as the Chief Judge of the state.
This is also on the heels of an ex parte application brought by the CJ, Justice J.D. Peters of the National Industrial Court on Thursday issued a restraining order directing the governor to stop all attempts directed at removing the Chief judge.
On Thursday evening, in a statement signed by Rasheed, Governor Adeleke’s spokesperson titled; ‘Governor Adeleke Appoints Justice Olayinka David Afolabi As Acting CJ’ dated 16/11/2023, the governor announced the appointment of acting Chief Judge of Osun state with immediate effect.
The terse statement read, “Governor Ademola Adeleke has appointed Justice Olayinka David Afolabi as the acting Chief Judge of Osun state with immediate effect following the approval of the resolution of the House of Assembly.”
In a document sighted by Nigerian Tribune dated November 17, JUDICIAL SERVICE COMMISSION in a document jointly signed by six persons, Osun State Attorney-General & Commissioner for Justice; Barrister Isola Tewogbade; Barrister Adedunmade Onibokun; Miss Linda Bibilari and Gbadegesin Olajide summoned the Acting CJ to a panel over the allegation of abuse of office, financial misappropriation, disobedience to court orders and corruption in the state judiciary.
The document statement that the suspended CJ should appear before the Commission on Monday, November 20.
This call, according to some experts, is illegal.
However, days after, Adeleke’s government denied appointing an Acting Chief Judge claiming the governor only forwarded the resolution of the House of Assembly and recommendation for an acting appointment to the Chief Justice of the Federation for decision and action.
The state’s commissioner for Information and Public Enlightenment on Saturday said “Governor Adeleke has only duly notified the Chief Justice as the Chairman of the National Judicial Council (NJC) in writing about the resolutions of the House of Assembly following a series of petitions made against the sitting Chief Judge of Osun State.
“In the communication, Mr Governor intimated to the CJN of the recommendation of the House that the Chief Judge should step aside and included his own submission for an acting appointment to fill the vacuum while the NJC reviews and decides on the petition.
“To that end, the Governor in the same letter recommended to the CJN, the appointment of the most senior judicial officer, Hon.Justice Olayinka David Afolabi for thorough consideration and further processing by the same NJC through the CJN
“We urge the public to note that while the House of Assembly recommended the appointment of a replacement to the Governor in its resolution, the Governor however toed the line of law by writing the CJN on the entire development and submitting all materials for NJC as mandated national agency.
“We therefore wish to state categorically that Governor Adeleke has not appointed any judicial official as Acting Chief Judge and nobody has been sworn in as Acting Chief Judge of Osun state.
“Governor Adeleke is a man of due process and rule of law with a deep level of respect for the bar and the bench, the NJC and the constitution of the Federal Republic of Nigeria.”
How Adeleke sacked Chief Judge
On Thursday Justice Adepele Ojo dragged Governor Adeleke to court over alleged attempts to remove her from office. Ruling on an ex parte application brought by the CJ, Justice J.D. Peters of the National Industrial Court on Thursday issued a restraining order directing the governor to stop all attempts directed at removing the Chief judge.
The judge granted “an order of interim injunction is issued restraining the Defendants by themselves or their agents or privies however so-called from interfering with removing. reversing or terminating the appointment and conditions of service of the Applicant as the Hon. Chief Judge of Osun State including but not limited to salaries and other pecuniary benefits pending the determination of the interlocutory application.”
It also gave an order “mandating the 4th defendant (Accountant General) to continue to pay the salary, entitlements, emoluments and other benefits and moneys the applicant is entitled to as the Hon. Chief Judge of Osun State pending the determination of the interlocutory application.”
Later on the same day, Governor Adeleke approved the resolution of the Osun State House of Assembly asking the Osun State Chief Judg to step aside pending investigation of allegations of misconduct, abuse of power, corruption and disregard for rule of law against her by the House of Assembly.
In the resolution of the Osun Assembly sitting on Thursday, the House resolved that the Executive should be informed of the House resolution and that the next in order of seniority to Justice Adepele Ojo be sworn-in immediately to avoid any vacuum in the third arm of government in Osun State.
The House had earlier resolved as follows:
“Having received various petitions against the Chief Judge of Osun State bothering on gross misconducts, abuse of office, corruption and lack of respect for due process and rule of law, this Honourable House, in performance of its oversight functions and exercise of its investigative powers vested by the 1999 Constitution of Nigeria (as amended) hereby resolved as follows:
“That the Committee on Judiciary, Public Petitions and Legal Matters investigate the petitions against the Chief Judge of Osun State, Honourable Justice Adepele Ojo, by inviting the Chief Judge and report to the House within 7 days from today.
“That pending the outcome of the investigation, the Chief Judge of Osun State, Honourable Justice Adepele Ojo should step aside, not for any disciplinary action, but to allow for proper investigation of the allegations
“That while she steps aside pending the investigation, the Executive Governor should immediately swear-in the next judge in order of Seniority as the Acting Chief Judge of Osun State.
“The Executive should immediately notify the National Judicial Council and the State Judicial Service Commission of the resolutions of this House immediately for their awareness.
“That the Clerk of this House should forward the resolutions of this House to the Executive, the National Judicial Council and the State Judicial Service Commission.”
Condemnations trail suspension of CJ
The National Judicial Council has berated the Osun State Governor, Ademola Adeleke, and the state House of Assembly for removing the Chief Judge of the state, Justice Oyebola Ojo, saying they lack the power to suspend or discipline any judge.
A member of the council, who spoke on condition of anonymity because he was not authorised to speak on the matter, said the NJC was the only body that could investigate and recommend sanctions for judges.
The council member said, “A state government cannot discipline, sanction or sack the chief judge of a state without recourse to the NJC. This applies to judges. If they claim they’ve carried the NJC along, they should have waited for the NJC to investigate her.
Speaking with a senior legal expert in the state said the government earlier ‘goofed’ in the manner they played with the removal of the Chief Judge saying this could be the only reason the state government is reversing itself.
A prosecution witness, Captain Ezekiel Bala-Agaba, testified in a Lagos Federal High Court on Thursday, that he personally delivered $15 million in cash to former NIMASA DG, Patrick Akpobolokemi.
The witness, Bala-Agaba, a former Executive Director of Maritime Safety, Shipping Development and Marine Operations at NIMASA, made the disclosure while testifying before Justice Ayokunle Faji of the Federal High Court in Lagos.
Captain Agaba, who appeared as the 15th prosecution witness, told the court that funds meant for pipeline surveillance were withdrawn from NIMASA’s accounts, converted into dollars, and handed over to Dr Akpobolokemi.
According to him, the money was taken to a Bureau de Change, which converted it into $15 million before the cash was delivered to the NIMASA office on Burma Road, Apapa, Lagos.
He said he subsequently took the money to the office of the then Director-General.
“The money was sent to a Bureau de Change, which later brought the dollar equivalent to our office at Burma Road, Apapa, Lagos. I asked my Personal Assistant, Ekene Nwakuche, to carry the bag and follow me to the Director-General’s office,” he told the court.
The witness explained that he collected the bag from his aide before entering the office.
“When we got to the door of the Director-General’s office, I collected the bag from him and asked him to wait outside. I then personally delivered the sum of $15 million to the Director-General.”
The witness was initially a defendant in the case but later opted to testify for the prosecution.
While being led in evidence by prosecuting counsel, Suleiman Suleiman, he explained the chain of command within NIMASA and how financial approvals were processed in the agency.
According to him, the Director-General is the overall head of the agency and issues instructions to directors, who then implement policies in line with the NIMASA Act.
He told the court that he chaired the agency’s Intelligence Committee, which was responsible for certain security-related operations.
“As chairman of the committee, I oversaw its activities and reported directly to the Director-General, Dr. Patrick Akpobolokemi,” he said.
During the proceedings, the witness was also shown a document containing a letter from Access Bank to the Economic and Financial Crimes Commission (EFCC) detailing transactions in NIMASA’s accounts between 2013 and 2015.
When asked how much money he took to the former Director-General, Agaba replied: “$15 million.”
After listening to the testimony, Justice Faji adjourned the matter until April 22 and 23 for cross-examination of the witness.
The EFCC had in December 2015 arraigned Dr. Akpobolokemi and seven others before the court on a 30-count charge bordering on conspiracy, fraudulent conversion of funds and money laundering.
Those charged alongside the former NIMASA boss include, Warredi Enisuoh, Governor Juan, Ugo Frederick, Timi Alari, as well as Alkenzo Limited and Penniel Engineering Services Limited.
They pleaded not guilty to the offences.
The anti-graft agency alleged that the defendants conspired to divert funds running into over N1.15 billion under the guise of providing security intelligence in Nigeria’s maritime domain.
According to the EFCC, the NIMASA Intelligence Committee allegedly received N1,153,000,000 between December 2013 and July 2015.
Investigations further revealed that several companies contracted to execute the intelligence operations were either unregistered or lacked the capacity to perform the services, while some were allegedly linked to the defendants.
The prosecution also alleged that the defendants nominated or owned many of the companies used to execute the contracts.
One of the charges stated that the defendants conspired to commit offences punishable under the Money Laundering (Prohibition) Act, 2012.
The Central Bank of Nigeria (CBN) has issued a directive to all financial institutions to immediately restrict certain banking services for large-ticket borrowers with non-performing loans (NPLs).
This move is aimed at strengthening credit discipline and protecting the stability of the Nigerian financial system following a rise in the industry’s NPL ratio to approximately 7%, exceeding the regulatory 5% threshold.
This order is specifically targeted at large-ticket obligors.
The CBN issued the directive in a circular to banks on Monday.
The latest instruction comes almost a week after the CBN asked financial institutions to stress test.
It is uncertain if the two directives are connected or what may have triggered the loan-related instruction, but the apex bank said it furthers its mandate to protect Nigeria’s financial system.
“In furtherance of its mandate to promote a sound financial system, protect depositors, and enhance prudential compliance within the banking sector, the Central Bank of Nigeria (CBN) hereby directs all banks to restrict non-performing large ticket obligors, whose activities pose systemic risk to the financial system, from accessing specified banking services,” the circular reads in part.
“Any large-ticket obligor with a non-performing facility recorded in the CRMS and/or any licensed private credit bureau shall not be granted additional credit facilities. For the purpose of this restriction, credit facilities include loans and other forms of direct credit.
“In addition, such obligors shall not be granted banking facilities or contingent liabilities such as bankers’ confirmations, letters of credit, performance bonds, or advance payment guarantees.”
Babajide Kolade-Otitoju, the Director of News at TVC News, recently stated that Oyo State Governor Seyi Makinde would likely have defected from the People’s Democratic Party (PDP) if he was still serving his first term.
Otitoju stated this on Friday on TVC’s ‘Breakfast Show’.
He described the National Convention of the Peoples Democratic Party, PDP, in Ibadan last November as a mere waste of time.
“People must show good judgment at a critical phase. What was the point of having that convention? Two courts told you not to go ahead but you went ahead.
“I may not be a fan of former Senate President Bukola Saraki but if he says something that makes sense, I will be the first to admit it. He made sense when he said let’s go for caretaker. What’s the point of not listening to him?
“Later you will be shouting that the ruling party is behind your crisis, meanwhile you are the architect of your own misfortunes. You created this problem.
“If Makinde were in his first term, he would have fled like the dancing governor because his second term would have been in danger,” Otitoju said.
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