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April 02, 2008
Kogi Chief Judge sacked
Written by Hassan A Karofi & Yusha’u Adamu Ibrahim, Kano
Wednesday, 02 April 2008
Chief Judge of Kogi State Justice Umaru Eri was removed from office yesterday by a resolution of the State House of Assembly, and acting governor Chief Clarence Olafemi immediately appointed Justice Sam Otah as the acting Chief Judge.
The acting governor announced the appointment soon after the state executive council meeting in Lokoja yesterday.
Justice Eri’s removal followed a resolution of the state House of Assembly directing the acting governor to remove him from office for alleged misconduct.
Eighteen members present on the floor of the House signed the resolution to remove the chief judge.
The house resolved that, "We the undersigned hereby resolve that an address be presented to His Excellency, the Governor of Kogi State, that the Chief Judge of Kogi State RT Hon. Umaru Eri be removed from office for misconduct under section 292 [1] [11] of 1999 constitution".
Those who signed the resolution include Osiyi Godwin Ojo, Akaba Musa, Atule Christopher Okoche, Yakubu Yunusa, Emmanuel Omobije, Ohiemi Z. Shaibu, Abdulahi I. Ali, Abdulahi Zakari and Adamu Mohammed.
Other signatories were Mustafa A. Alladey, Ismaila Inah Husseini, Idakwoji R Ilemona, Philip Orebiyi, Adams Kayode Olorunmo,
Mohammed Nwaha Abdulsalam, Jato Idis Adonu, Isah Ogirima Amoka, and Momojimoh Andas.
Soon after the resolution was adopted, the House went on a recess, to resume sitting on April 29.
This followed a motion by the minority leader, Tako Ndakwo Abduraman, seconded by the member representing Ogori/Magongo, Osiyi Godwin.
According to Section 292 (1) of the constitution: "A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumcise –
In the case of –
Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital territory, Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate.
Chief Judges of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct;
In any case, other than those to which paragraph (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct."
Posted by Publisher at April 2, 2008 11:32 AM
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