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” recognizing 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’s request to proceed with the proposed Feb. 22 local government election.
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The court, in its order, also recognized that there were existing vacancies in all 30 local government areas in the state and mandated the State Independent Electoral Commission to fill the vacancies through an 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, urging Governor Ademola Adeleke not to proceed with the conduct of the election.
Fagbemi had advised the governor to respect the recent judgment of the Court of Appeal, Akure Division, which reinstated democratically elected chairmen and councillors removed in 2022 by the Adeleke administration.
Oyintiloye, however, described Justice Aderibigbe’s order as unusual, insisting that it was issued in contradiction to a valid judgment of a higher court.
“I appeal to the NJC to investigate Justice Aderibigbe for bringing the judiciary into disrepute with the judgment he delivered on February 21, recognizing vacancies in Osun LGAs after the Court of Appeal had reinstated the unjustly removed chairmen and councillors elected in the October 15, 2022 election.
“Can the order of a State High Court supersede a judgment of the Court of Appeal? Where and when did Justice Aderibigbe sit to give the order?
“Why was it the State Attorney-General and Commissioner for Justice who presented the court order to journalists?
“Can a judge deliver a judgment without involving the persons whose interests (the reinstated APC chairmen and councillors) would be affected?
“Can a judge deliver a judgment based solely on a Motion on Notice?
“The law is clear that no action is commenced by a Motion on Notice, which was the basis of the judgment.
“The four means recognized by the Osun State High Court (Civil Procedure) Rules for commencing an action are Writ of Summons, Originating Summons, Originating Motion, and Petition. No valid action is commenced by a mere Motion on Notice, and it is regrettable that a court of law proceeded to deliver a judgment on such a basis.
“These and many other questions need to be answered by the NJC regarding Justice Aderibigbe,” he said.
Oyintiloye, a member of the defunct APC Presidential Campaign Council (PCC), also noted that Justice Aderibigbe’s judgment came after the police had strongly advised the state government to suspend the election, citing intelligence reports indicating a high security threat and volatility.
“But the government threw caution to the wind by turning a deaf ear to the warning. Eventually, lives were lost. If proper caution had been taken, such a loss could have been avoided,” he added.
The APC chieftain subsequently urged the NJC to thoroughly investigate Aderibigbe to uphold the sanctity of the judiciary, adding that the order granted by the judge has raised questions about court hierarchy that the Council must address.
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