APC Chieftain wants NJC to investigate Osun judge over court order

Hon. Olatunbosun Oyintiloye, a Chieftain of the All Progressives Congress (APC), has called on the National Judicial Council (NJC) to investigate Justice A .A Aderibigbe of the State High Court, sitting in Ilesa for granting a “controversial order” recognising vacancies in the state’s local government areas.

Oyintiloye, a former lawmaker, made the call while speaking with newsmen on Monday in Osogbo.

It will be recalled that Justice Aderibigbe of the state High Court, Ilesa, had on Feb. 21 granted the state government request to go ahead with the proposed Feb. 22 local government election.

The court, in its order, also recognised that there were existing vacancies in all the 30 local government areas in the state and mandated the State Independent Electoral Commission to fill the vacancies through election.

The court order was at variance with the advice given by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, on Feb. 20 that Gov. Ademola Adeleke should not to proceed with the conduct of the election.

Fagbemi had urged the governor to respect the recent judgment of the Court of Appeal, Akure Division, which restored democratically elected chairmen and councillors removed in 2022 by the Adeleke administration.

Oyintiloye, however, viewed the order of Justice Aderibigbe as strange, insisting that the order was given against a valid judgement of a higher court.

“I want to appeal to the NJC to investigate Justice Aderibigbe for bringing the judiciary to ridicule with the judgement he delivered on February 21, recognising vacancies in Osun LGA after Court of Appeal had returned the unjustly sacked elected chairmen and councillors elected in the October 15, 2022 election.

“Can the order of State High Court supercede a judgement of the Court of Appeal? Where and when did Justice Aderibigbe sit to give the order?

“Why is it that it was the State Attorney-General and Commissioner for Justice that presented the order of the court to journalists?

“Can judge deliver a judgment without persons whose interests (the reinstated APC chairmen and councillors) would be affected, not being made parties to the suit?

“Can a judge deliver a judgement on mere Motion on Notice?

“The law is clear that no action is commenced by Motion on Notice by which the judge delivered his judgment.

“The four means recognized by the Osun State High Court (Civil Procedure) Rules are by Writ of Summons, Originating Summons, Originating Motion, and Petition. No valid action is commenced by mere Motion on Notice, and it is regrettable that a court of law would proceed to deliver its judgment on mere Motion on Notice.

“These and many other questions that NJC needs to ask Justice Aderibigbe,” he said

Oyintiloye, a member of the defunct APC Presidential Campaign Council (PCC) also said that the Justice Aderibigbe’s judgement came after Police had strongly advise the state government to suspend the election following intelligence that indicated high security threat and volatility.

“But government threw caution into the wind by turning the deaf ear to the warning. Eventually, lives were lost. If proper caution was taken, such loss would have been avoided,” he further said.

The APC chieftain subsequently urged NJC to thoroughly investigate Aderibigbe to keep intact the sanctity of the Judiciary, adding that that the order granted by the Judge has raised questions about court hierarchy which the Council must provide answers to.