The reinstatement of Justice Raliat Elelu-Habeeb as Chief Judge of Kwara State is generating ripples. Correspondent Adekunle Jimoh reports.

Ten months after the general elections, politics has taken the centre stage again in Kwara State. The  Supreme Court judgment penultimate Friday reinstating the sacked Chief Judge (CJ), Justice Raliat Elelu-Habeeb, has set politicians across the political divides at war. It has also  pitched members of the state Judicial Staff Union of Nigeria (JUSUN), who are opposed to her return against the Nigerian Bar Association (NBA), Ilorin branch.

Former Governor Bukola Saraki had, after obtaining the consent of the State House of Assembly, removed Justice Habeeb-Elelu as the Chief Judge, citing alleged corrupt practices and highhandedness as reasons.

Following her removal from office in March 2009 by the Saraki administration, Justice Elelu Habeeb approached the court, seeking among other things, "a declaration that the letter of the House dated May 4, 2009, is in breach and violation of the 1999 Constitution in so far as it relates to, connected with her in exercise of her functions as Chief Judge and therefore, null and void, and an order setting aside, nullifying and putting away the decision of the 3rd and 4th Defendants (Kwara House of Assembly), contained in the 3rd defendant's letter dated May 4 this year and any other steps taken thereon in so far as it relates to the office of the plaintiff, as the Chief Judge of Kwara State, the same being inconsistent with Sections 153, 197, 271 (2) and the 3rd Schedule of the 1999 Constitution."

Reprieve came the way of the former sacked CJ three months after the Federal High Court sitting in Ilorin voided her removal from office by the state government 

The court declared all actions taken by Saraki and the House of Assembly on her status as CJ null and void. 

The Presiding Judge, Justice Bilikisu Bello, held that the NJC is, by law, a necessary party that must be involved in determining the fate of a judicial officer and agreed that by a combined interpretation of Sections 153(1) (i), Paragraph 21 (d) of the 3rd Schedule and Section 271 of the 1999 Constitution, and Sections 4, 153, 292 and paragraphs 20, 21, of the 3rd Schedule, part 1 of the Constitution, it is only the NJC, first defendant in the case, that has the exclusive power and authority to query, command, order or inquire into any complaint against the plaintiff . 

Justice Bello said, contrary to arguments by counsel to the defendants, all provisions of the Constitution on the appointment and removal of judicial officers, including the CJ, as well as the powers of the governor and the state assemblies in appointing or removing such officers, must be read together and in the circumstance of the case, would indicate that the intent of those who drafted the law was that the NJC must be a necessary party in the process of determining the fate of the CJ. 

She granted all the five relieves sought by the plaintiff in her originating summons.

The state chapter of the Action Congress of Nigeria (ACN) hailed the Supreme Court judgment, describing it as "a step forward in our people's longstanding quest for justice and fairness."

The ACN chairman in the state Kayode Olawepo enthused: "For us, the unlawful sack of Justice Elelu-Habeeb was just one of the many injustices and impunities of the past administration. 

"If anybody doubted that the then government was one of impunity, lawlessness and disregard for due process, the Friday ruling served as an eye-opener, and further strengthens the people's confidence in the rule of law. 

"We are not unmindful of the antics of the PDP government to dampen the spirit of the honourable Justice and undermine the Supreme Court ruling, but, as the court verdict has shown, there will always be a tragic end to impunity and mischief."

No sooner was she reinstated than members of the state branch of the Judicial Union of Nigeria (JUSUN) embark on a week's warning strike.

JUSUN claimed that its protestation was "aimed at protecting the image, integrity and the overall interest of the judicial system/administration from total collapse in the state."

The state Chairperson of JUSUN, Mrs. Folake Laaro, said: "As a path of honour, we respectfully recommend that his lordship should bow out honourably since the entire workers in the Kwara State judiciary have resolved that we can no longer have or work with his lordship as the Chief Judge and head of administration in the state judiciary."

The national body of JUSUN has, however, dissociated itself from the workers' action and directed its striking members  to go back to work. In a text message, the National Publicity Secretary, JUSUN, Mr. Marwan Adamu, said: "We at the national body accept and respect the said judgment and hereby direct our members to go back to work as their action is illegal. The Supreme Court judgment is final and must be obeyed."

Also, an Ilorin based legal practitioner, Mr. John Bayeshea (SAN) has faulted the action of the workers, adding that any disobedience of the Supreme Court judgment was an invitation to anarchy.

Bayeshea told The Nation that "once the Supreme Court has spoken on a matter, that is the final decision; we must respect, obey and enforce the judgment of the Supreme Court, otherwise we will be giving room for anarchy. Now, the CJ has been reinstated. In fact, we, senior members of the Bar, have interacted with the high court judges in Kwara State and their position is that the judgment of the Supreme Court reinstating the CJ has to be obeyed, has to be complied with."

The Ilorin branch of the Nigerian Bar Association (NBA) equally condemned JUSUN's decision to down tools, describing the judicial workers action as ill-timed "as it constitutes a stumbling block in the enforcement of the judgment of the Supreme Court."

The state Attorney-General and Commissioner for Justice, Kamaldeen Ajibade, promised to comply with the Supreme Court judgment. Ajibade said that the "state government is a respecter of rule of law and will not by any means encourage the flouting or outright disobedience of the judgment of the apex court of the nation." 

All eyes are now on the returning CJ and JUSUN on how the crisis initiated by politicians would be resolved.