Justice J.D. Peters of the National Industrial Court, Ibadan Judicial Division, issued an order nullifying any action or deed executed against the court’s order issued on November 16, 2023, in a lawsuit brought by the Chief Judge of Osun State, Justice Oyebola Adepele Ojo, against the Osun State Governor and three others.
Crisis has brewed in the Osun Judiciary since last Thursday when Governor Ademola Adeleke suspended the Chief Judge of the state after a court injunction which forbade the governor from doing so, Nigerian Tribune reports.
Other defendants in the suit delineated NICN/IB/61/2023 are the Attorney General of Osun State, the Osun State House of Assembly and the Accountant General of Osun State.
The court also gave an order of interim injunction restraining Justice David Afolabi and any other judge in the Osun State Judiciary from taking up the appointment as the Acting Chief Judge of Osun State pending the hearing of the motion on notice before the court.
The court also vacated further hearing in the case which was initially fixed for December 12 because “this Court will not sit on that day as I will be away to attend the burial of our departed learned brother Agbakoba J.
“Case is adjourned to 4/12/23 to hear the pending application. Hearing notice is to issue and be served on the Defendants with the proof of service in the file,” the court ordered.
Justice Oyebola Adepele Ojo has in an application of Motion Exparte filed before the court asked the court for an order of leave to serve all the Defendants/Respondents the Originating Processes and all other subsequent court processes in this case by substituted means to wit: Pasting at the premises of the State High Court and/or publishing in a national daily newspaper.
She also asked for an order setting aside and nullifying every action, or things done or caused to be done in contravention of the order of the court and an order of interim injunction restraining Hon. Justice David Afolabi and/or any other judge in the Osun State Judiciary from talking up the appointment as the Acting Chief Judge of Osun State pending the hearing of the motion on notice.
She also in the alternative, asked for an order of interim injunction restraining the defendants their agents servants privies or howsoever called from appointing any other judge in the Osun State judiciary as acting chief judge of osun state pending the hearing of the motion on notice and any such further orders the court may deem fit to make in the circumstances.
The court after reading the affidavit in support of the Motion Ex lparte deposed to by Oluwafemi Odegbekun, a Clerk of Oladipo Olasope and Co in addition to the submissions of Oladipo Olasope (SAN), legal representative of the Chief Judge, granted the orders.
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