Osun CJ retires without handing over to successor

Justice Olaniyi Ojo retired as the Chief Judge of Osun State on Wednesday without his recommended successor-in-office, Justice Bola Ojo, being sworn in in acting capacity by the appointing authority, Governor Rauf Aregbesola, Nigerian Tribune learnt last night.
Nigerian Tribune had exclusively reported that the National Judicial Council (NJC) settled for Justice Bola Ojo as the next Chief Judge of the state, after rejecting the nomination of Justice Olubunmi Oyewole of Lagos State judiciary.
It was learnt that the retired Chief Justice left without handing the system over to his recommended successor because she was reportedly not sworn-in as acting Chief Justice by the governor, though her name had been reportedly sent by Aregbesola to the state House of Assembly for confirmation.
The scenario left the state without a Chief Justice yesterday, though there were strong indications that Ojo might be sworn-in as acting Chief Justice today by the governor.
A source within the NJC told the Nigerian Tribune that the council would ordinarily expect the governor to swear-in Ojo as the acting Chief Justice, immediately her predecessor-in-office exited.
The source who expressed concern over the reported development, noted that the appointing authority would be courting serious issues with the council if the situation did not revert to normalcy today.
According to the source, “We hope this is still not about the appointing authority’s preferred choice. He had been told to transfer his service to the state and get him to queue behind the last person and if it is his destiny to become CJ in the state, it would eventually get to his turn.
“What happened in Oyo and Kwara should be enough lesson for everybody. The constitution is very clear on who can recommend for appointment. We wish they would do what is right and not go and bring someone that the council would not recognise which means the council would not consider the state’s quarterly report, request or challenges, since they must be signed by the person the council recommended as the CJ”.
“You know what the constitution says about all of these now. We hope the said development was not true because anything done outside of what the council recommended would be a nullity.”.
The House of Assembly must approve Ojo’s nomination before she could take over in substantive capacity, though being the most senior in the system puts all odds in her favour, either in acting or substantive capacity.
Rumour-mill was also abuzz in certain quarters in the state last night that there were plans to stop Ojo’s confirmation by the House of Assembly.
Section 271 (1) of the 1999 constitution (as amended) states that “the appointment of a person to the office of the Chief Judge of a state shall be made by the governor of the state on the recommendation of the National Judicial Council subject to confirmation of the appointment by the House of Assembly of the state”.
It could not be ascertained if the legislature had fixed a date for her appearance before the lawmakers to defend her nomination.
It was learnt that politicians of different hues are already weighing-in, on the developing scenario.