A Kogi High Court sitting in Koton-Karfe, on Thursday, nullified theresolution of the state House of Assembly recommending the removal of the Chief Judge of the state, Justice Nasir Ajanah, for alleged gross misconduct.
Besides, the court also set aside the resolution of the House which recommended that the Chief Registrar of the state high court, Alhaji Yahaya Adamu, should face the state Judicial Service Commission (JSC) for disciplinary action for gross misconduct.
The presiding judge, Justice Alaba Omolaye-Ajileye, quashed the resolution in his ruling on Motion NO. HC/KK02M/201 in the suit NO. HC/KK/11CV/2018 brought by the Chief Judge and the Chief Registrar.
The court held that the resolution of the assembly of April 2 which recommended the sack of the Chief Judge should not be allowed to stand.
He held that the resolution was reached by the assembly in violation of a subsisting order of the court.
He said that the resolution having been reached in “clear violation of the orders of this court, it is, accordingly hereby set aside and declared a nullity.”
According to Omolaye-Ajileye, the Kogi state House of Assembly as an arm of government is subject to the rule of law and it is required to obey and not break the law.
“With the positive orders of this court made on 13th of December, 2018 and reinforced on 18th December, 2018, Kogi State House of Assembly ought not to have done anything to give the impression that it was trying to pre-empt the decision of this court,” he said.
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“It is tragic that the respondents whose primary responsibility is to make laws for the peace, order and good government of Kogi State would be the same institution to be associated with violation of court orders.”
The court held that the action of the House in sitting on the matter and issuing a resolution for effect was “a blatant and an impudent act which ought not to be tolerated or encouraged in a democratic setting.
“It was an audacious and arbitrary display of naked power, an act that is contrary to all constitutional and democratic tenets.”
It would be recalled that Ajanah and Adamu had approached the court through an interlocutory application seeking the nullification of the resolution of the assembly.
The plaintiffs had accused the House of acting upon a report submitted to it by its Public Accounts Committee and resolved,
amongst others, that the Chief Judge be removed for alleged gross misconduct despite an earlier order from the court.
The court had on 12th December 2018, in its ruling on an application brought by the claimants/applicants granted an order of interim injunction restraining the respondents from taking any step in respect of the substantive matter pending the determination of the Motion on Notice.
and then