Justice Oloyede: Caught in the web of murky politics?

Justice Folahanmi Oloyede, a serving judge in Osun State may not be known for controversy but her recent petition to the state’s legislative arm for the impeachment of Governor Rauf Aregbesola over allegation of financial recklessness, no doubt is an expedition to unfamiliar turf. She may have been thoroughly schooled by Late Justice Kayode Eso, […]

Justice Folahanmi Oloyede, a serving judge in Osun State may not be known for controversy but her recent petition to the state’s legislative arm for the impeachment of Governor Rauf Aregbesola over allegation of financial recklessness, no doubt is an expedition to unfamiliar turf.
She may have been thoroughly schooled by Late Justice Kayode Eso, who preached judicial activism to liberate the judiciary from the pervading ills of the society.
She quoted in the petition that the admitted inability of Mr. Governor and his deputy to pay pensions, salaries and allowances for periods ranging from eight to 11 months now as a consequence of their own decision to accumulate debts beyond the capacity of the state’s internally generated revenue, whilst the very ‘actors’, Mr. Governor and his deputy, continue to enjoy their security allowances in hundreds of millions, is a violation of their oaths of office.
Oloyede said the action of the duo is illegal, immoral, and unconscionable, adding that there is no legal or moral basis for the governor and his deputy’s stay in office.
“To this end and for this reason, I am sure other well-meaning and concerned members of the Osun community are hereby calling on honourable members of the state House of Assembly to pick up the gauntlet and redeem themselves, by giving effect to the provisions of Sections 128 and 129 of the Constitution, which empower them to investigate and bring to justice, all those who have corruptly enriched themselves at the expense of Osun and her people.’’
Her petition aroused national interest in such a way that Nigerians demanded for nothing less than inquiry to examine the weighty allegations against Aregbesola, whose governance model was regarded as exemplary.
The Economic and Financial Crimes Commission (EFCC) invited the judge to prove her case beyond doubt, while the state House Assembly instituted a panel to probe the allegations of Oloyede against the governor.
Last week, the panel in its recommendation said the judge was unable to substantiate the allegations against the governor.
It also accused the judge of violating the code of conduct of judicial officers, arguing that as a justice she should not have leveled the allegations in public
Besides, two Senior Advocates of Nigeria (SANs), Mrs. Folake Solanke and Prof Itse Sagay, brushed on Justice Folakemi Oloyede, for championing the initiation of an impeachment process against Osun State Governor Rauf Aregbesola.
The duo submitted in a joint statement that Justice Oloyede displayed gross ignorance on the process and removal of a sitting governor, just as they two described as embarrassing for the judge to have plunged into the murky waters of partisan politics.
The statement reads: “We are disturbed by the source of this petition because it reveals the embarrassing and gross ignorance of the Judge regarding the process for the impeachment of governors. We are also disturbed by this apparently reckless descent of a judicial officer into the murky waters of partisan politics.
“The process for the removal of a governor by impeachment is clearly set out in Section 188 of the Constitution. Justice Oloyede is clearly not a member of the Osun State House of Assembly.  She is not even a member of a Civil Society Organisation.  She is in fact, a member of the judiciary, the third arm of government conferred with the responsibility of the interpretation of laws, including the constitution and the issuing of orders, judgments and sentences.
The statement said it is the duty of someone in Justice Oloyede’s position to preside over a case for the determination of the issue, whether a purported removal of a governor by impeachment is valid or not.
According to the statement, it is therefore a cause for great embarrassment and shame that a judge of the High Court is ignorant of the fact that she cannot initiate impeachment proceedings against the governor which  raises a question whether she is fit to hold the office to which she has been appointed.
“From what has been stated above, it is quite obvious that the Osun State House of Assembly acted in gross error in entertaining Justice Oloyede’s petition. That petition is an illegal document which should have been disregarded with contempt by the House.
“By setting up a committee to investigate the allegations in the so-called petition, the House itself was displaying its ignorance of the impeachment process.
“Even more fundamental is the question whether a judicial officer should be publicly engaged in a bitter public confrontation with any other arm of government, particularly the executive arm of government headed by the target of her tirade, the governor, who appointed her into office.
“Specifically, is a judge permitted to make public political comments and engage in public diatribes against the government and the governor of the state in which he or she is serving?
“The code of conduct for judicial officers is replete with provisions requiring a judicial officer to act with dignity, decorum and a high standard of conduct. The preamble of the code, for example, provides that a judicial officer should actively participate in establishing, maintaining, enforcing and himself observing a high standard of conduct so that the integrity and respect for the independence of the judiciary may be preserved.
“Again, Rule 1, Paragraph 2 of the Code provides that a judicial officer shall respect and comply with the laws of the land and conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the Judiciary.
“By Paragraph 1 of Rule 2, a judicial officer is enjoined to be true and faithful to the Constitution and the law, uphold the course of justice by abiding with the provisions of the Constitution and the law.  He or she is enjoined to acquire and maintain professional competence.
“Finally, by rule 3(b) (ii), a judge in excising his constitutional right of freedom of expression should always conduct himself in such a manner as to preserve the dignity of his office and the impartiality and independence of the judiciary.
“Now, one may ask; by issuing this angry accusation of fraud, misappropriation of funds and general denunciation of the governor of her state to the House of Assembly, has Justice Oloyede acted with decorum? Has she conducted herself in a manner that promotes public confidence in the Judiciary? Has she acted with integrity and impartiality with regard to a possible future party in her court? Has she been true and faithful to the Constitution? Has she conducted herself in such a manner as to preserve the dignity of her office?
“Should she engage in an open confrontation with her appointer and the head of the executive branch of government?
“If the answer to all these questions is NO and if she has desecrated the temple of justice and brought down the dignity and respect for the judiciary, what is she still doing on the Bench?
“Perhaps the most disturbing aspect of this episode in Osun State is the apparent silence of the National Judicial Council (NJC) in the face of gross breaches of judicial etiquette and code of conduct by Justice Folahanmi Oloyede,” the statement said.
A constitutional lawyer, Mr Mike Ozekhome(SAN) said the embattled judge should have balanced her weight as a bonafide citizen of Nigeria with her judicial duties which permit her to be reticent in comments.
Although the lawyer said the judge has right to ventilate her grievances, but the mode she chose to do so was wrong for it only exposed her to the frail of murky waters of politics in Nigeria.
He said: “If I were Justice Oloyede, I would channel my grievances through a senior lawyer because the oath is that judges are supposed to be heard not seen. She made mistake of descending into arena of murky politics which will now make the opposition party in Osun State accuse her of partisanship and being an agent of the Peoples’ Democratic Party (PDP)’’.
He however carpeted the Osun State House for the cavalier and childish manner they treated Justice Oloyede’s corruption allegations the governor perpetrated against the people of Osun.