Many legal battles of Kwara CJ

Date: 2012-03-01

The Chief Judge of Kwara state, Justice Raliat Habeeb-Elelu, who secured her much desired Supreme Court judgment last Friday can safely be referred to as a cat with nine lives. As it were, the Chief judge who rose through the ranks to the pinnacle of her career, from her pedigree is not entirely new to controversy since her assumption of  office about three years ago when she was removed.

At various times, unhesitatingly, she reportedly had brawls with nearly all the stakeholders within the system. Around May in 2009, Lawyers in Ilorin commenced a full scale war against her following the expiration of the three -day ultimatum given to her, to redress what they described as her administrative high handedness over the assault on one of them by the police team.

Justice  Habeeb Elelu was accused of colluding with the police to cause a travesty of justice by ensuring that the  policemen  were not only prosecuted but also transferred the magistrate handling the case to the far outskirt of the state in  Share and later Jebba for daring to issue a bench warrant against the police for not appearing before the Magistrate.

It  all started  in march 2009, when one Mr. Zakareh Ibrahim, a lawyer was driving into his residence around Asa Dam area of Ilorin at about 8pm, he was accosted at the gate by some  mobile policemen led by one ASP Kofo.  Before he knew what was happening they pounced on him and beat him black and blue.

Expectedly,  the following day after receiving medical treatment, the lawyer wasted no time seeking a remedy and filed  complain  against the police men and they were later arraigned before Mr. E.O.Ibitoye, a chief magistrate.

According to the then chairman of NBA,Ilorin branch, Dr Mohammed Akanbi at a press conference, the matter came up for mention in court, the police officers were present and they were made to sign undertaking to attend court on subsequent dates.  However, they failed to appear in court. Angered by the development , counsel to the complainant applied for a bench warrant against them and was granted by the court.

The NBA chairman noted instead of the police retrace their step, the police castigated the magistrate in the open court for daring to issue a bench warrant against them.

However, instead of the Chief Judge stepping into the matter and find out about castigating the Magistrate, she issued query to the Magistrate for entertaining a direct complain action against the police and for granting the order of arrest. Not done with this, it was said, the CJ then effected his immediate transfer from Oloje division to Kaiama and later to Jebba and Share divisions of the state judiciary. This steps infuriated the State NBA.

NBA chief observed that though,  the NBA cannot question the right of the Chief Judge over her administrative duties, but said the Bar cannot fold its arms and look the other way when such administrative powers are being wielded in bad faith.

Response to the petition

All efforts by the CJ to rescind her decision for taking harsh action against the Magistrate were rebuffed which made the body petitioned the National Judicial council, NJC over the matter.

However, the CJ in her response to the petition said she was surprised on why the NBA was trying to interfere in her administrative functions as the chief judge of Kwara State.

While members of the NBA were carrying out their threats to boycott court proceedings,  former governor, Dr Bukola Saraki, wrote  a letter to the state House of Assembly seeking  the removal of Justice Elelu- Habeeb  from office alleging that the CJ engaged in series of acts that were  in contravention of the 1999 Constitution, adding that the CJ failed to return the unspent money approved  for the 23rd Biennial Congress in Ukraine to the coffer of the government after the event was postponed.

The governor also accused the CJ of unilaterally employing staff into the service of the judiciary in contravention of 3rd schedule, Part 11, paragraph 6 (c) of the constitution therefore empowers the Judicial Service Commission on matters relating to appointment, dismissal and exercise of disciplinary action over staff.

The  state House of Assembly on receiving the letter consented to the request by Governor  Saraki and  the embattled Chief Judge was removed after she failed to appear before the House to defend herself. All the 21 lawmakers present acceded to the request, which made the CJ  headed to the Federal High  court to seek redress and got judgment in her favour.

Armed with the judgment, Justice Helelu-Habeeb  appeared with her orderly in her former office while the Acting Chief Judge, Justice Olatunji Bamgbola was said to be on official duty in one of the adjoining offices. However, member of staff who were  present booed her and she quickly drove away  in her Peugeot 607 car.

Dissatisfied with the judgment, The Kwara state government filed an  appeal at the Court of Appeal which set aside the Federal High Court Judgment. Determined to pursue the matter to its logical conclusion,Justice Elelu Habeeb headed  to the  Supreme Court  which reinstated her  as the Kwara State Chief judge  after three years of  legal tussle.

Source

 


Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Alabe     Baaziki Sulaiman     Tafida Of Kaiama     Kayode Laro     Isau     AbdulRazaq Jiddah     LEAH Charity Foundation     Yusuf Amuda Abubakar     Taofeeq Olateju     Femi Ogunsola     ARMTI     Ramat Oganija     Owo Arugbo     Olayinka Olaogun     SSUCOEN     Sa\'adu Gambari     Saliu Ajia     Ilesha-Gwanara     Aishatu Ahmed Gobir     Ndama Al-hassan     Kubra Kazum     Turaki     Ahmed \'Lateef     Danladi     Oke-Ode     Taofik Abdulkareem     NURTW     Umar Ayinla Saro     Ile Arugbo     Balogun-Ojomu     KWASEIC     Zainab Abass     Mumeen Lah     Okin Biscuit     Sunday Popo-Ola     Alapansapa     Yusuf AbdulRasheed     Oye Tinuoye     Oyeyemi Olasumbo Florence     Mufutau Gbadamosi Esuwoye     Mohammed Abduraheem     TVC Female National Debate     Sambo Murtala     Ahmed Mohammed Rifun     Village Alive Development Association     Ibrahim Oniye     High Court     Oba Abdulkadir La\'aro     Olokoba     Shuaib Jawondo     Pakata Patriots     Mogaji Aare     Micheal Imodu-Ganmo Road     Lukman Oyebanji Fagbemi     Garment Factory     Valsolar Consortium     Valsolar Consultoria     Lawyers Unite Against Corruption     Ilorin Curfew     Garuba Alikinla Shittu     TESCOM     Ayoade Akinnibosun     Agboola Abdulraheem     Admiralty Villa     Mike Omotosho     Age AbdulKareem     Voices Of Tomorrow     Leke Ogungbe     Tayo Alao     Gbadeyan Gbadura Yomi     Abdulganiyu AbdulAzeez     Kazeem Gbolagade     Dogara     Ahmed Bolaji Nagode     TESCOM 2025     Afusat Nike Ibrahim     Joshua Adeyemi Adimula    

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Yunus Oniboki     Funke Adedoyin     Logun     Asa LGEA School     Col. Ibrahim Taiwo     T And K FOODS     Olohungbebe     Zara Umar     Vasolar Consultoria     Modibbo Kawu     Hijaab     Yemi Osinbajo     Kehinde Baale     Abegunde Goke     Elelu     All Confederation Of Principals Of Secondary Schools     MalHub     Demola Banu     Ibrahim Abdullahi     Issa Baba     Hijab     RTEAN     Idris Amosa Oladipo Saidu     Ojuekun     Folajimi Aleshinloye     Ajakaye     Women For Change And Development Initiative     Bankole Omisore     Olaitan Adefila     Bayo Onimago     Hamidu Olowo     Sadiq Buhari     Cornelius Adebayo     BIR     Aremu Bose Deborah     Ilorin South Constituency     Isiaka Saka Opobiyi     Ilorin West     Gurei     Kwara South     National Party Of Nigeria     Allocation     Wahab Isa     Elesie Of Esie     Abioye Bello     Oloruntoyosi Thomas     Toyin Falola     Mutawalle     Gobir Organization Foundation     Shuaib Abdulkadir     Ajase-Ipo     Kisira     Shettima     Abdulmumini Jawondo     Kwara TV     Apaokagi     Sobi FM     Igbomina     New Model Police Station     Mahmud Ayinla Giwa     Ishaq Oloyede     Abdullahi G. Mohammad     Ilorin Emirate Stakeholders Forum     Savannah Centre For Diplomacy, Democracy And Development     PharmAccess Foundation     Galadiman Ngeri     Adamu Atta     Rotimi Oyedepo     CACOVID     Charles Ibitoye     Yetunde Balogun     Kwara NIPR     Olota Of Odo-Owa     Tayo Awodiji     Colleges Of Education Academic Staff Union     Rex Olawoye     Bello Oyedepo