From Joseph Amedu, Lokoja
The impasse between the Judiciary and Executive arms of government in Kogi State reached a head on Tuesday when the legislative arm waded in and decided in favour of the governor, Yahaya Bello.
The House of Assembly on Tuesday recommended the removal of the state Chief Judge, Justice Nasir Ajanah over alleged gross misconduct including financial breaches.
Sensing trouble, the state branch of the Judicial Staff Union of Nigeria, JASUN, on Monday called on the lawmakers to respect the subsisting court order of the High Court in Kogi State, Kotonkafe Division, directing the House of Assembly to stay action on the impasse.
Chairman of the JUSUN in Kogi state, Comrade Emmanuel Waniko who addressed the press during the protest, advised the Speaker Kogi state House of Assembly, Hon Mathew Kolawole not to be involved in planned act of illegality. “We are well informed that this is the primary agenda for the Assembly’s plenary sitting tomorrow Tuesday 2nd April 2019.”
According to Comrade Waniko, the call on the Speaker became necessary in view of the reports reaching the union of the clandestine moves by the governor Alhaji Yahaya Bello and his directive to disobey the subsisting order given by the High Court of Kogi state, Kotonkarfe division on the 31st December last year, asking the state Assembly to stay any action on the ongoing impasse between the Executive and Judiciary arms of Kogi state government.
On Tuesday, the lawmakers ignored the union.
Our Correspondent reports that this followed the adoption of the report and recommendations of the House committee on “Public Accounts on the State Auditor General’s Report on 2016 Financial Statements” in Lokoja.
Presenting the report, chairman of the committee, Alhaji Ahmed Mohammed (APC-Ankpa I) said that the Chief Judge should step aside to defend himself over the alleged indictment by the Auditor-General of the state.
Mohammed said the Public Accounts Committee was set up in line with Section 103 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) at the plenary sitting of the House on Monday 24th December 2018.
The committee according to him, was mandated to investigate reported cases of financial breaches, non-compliance with financial regulations and poor handling of financial records by various Ministries, Departments and Agencies (MDAs) of the State Government.
He said that Kogi State Judiciary was said to have during the year ended December 2016, expended its budget above the approved limits provided in some sub heads as contained in the 2016 Appropriation Law to the tune of N7,574, 850 without the approval of virement application.
“It was also reported by the State Auditor-General that Kogi State High Court made huge cash withdrawal to the tune of N137,607,334.11). The cash was withdrawn from High Court Bank account in the year under review.
This transaction breached the provisions of chapter 6, regulation 632 which stipulates that “the use of cash for payment is hereby prohibited”, he said.
The committee therefore, recommenced the removal of the Chief Judge for gross misconduct or in the alternative, he should step aside pending his appearance before the House committee on Public Accounts to defend himself.
It also recommended that the Chief Registrar on the other hand, should be referred to the state Judicial Service Commission for disciplinary action and that the state government should commence immediate payment of judicial staff salaries.
The Majority Leader of the House, Abdullahi Hassan-Balogun (APC-Ajaokuta) moved for the adoption of the report and was seconded by the Deputy Minority Leader, Oluwatoyin Lawal (PDP-Yagba-West).
Haruna Musa (APC-Idah) in his contribution urged the House to take cognisance of a subsisting court order on the impasse between the House and the Judiciary and be guarded adequately.
In his contribution, the Chief Whip, Mr Victor Adewale Omofaiye (APC-Ijumu) urged that efforts should be made to pay staff of the Judiciary the nine months salary arrears while the investigation went on.
Speaker of the House, Prince Matthew Kolawole adopted the report and recommendations following majority voice votes by members present at plenary.
The union said that “the governor’s penchant for stoking controversy and crisis where there is none, may have not come to us as a surprise, especially this planned action that is a confirmation of that characteristic”
They also recalled that the governor had pronounced on the eve of the state election that he has already petitioned the NJC against the Chief Judge since November last year.
But this latest move should best be described as an impunity informed by impatience with rule of law and procedural engagement
The Judiciary workers are lamenting the non payment of salary for nine months and shutdown of the Judiciary for four months due to the ongoing strike.
JUSUN stated that as patriots they are resolute in their efforts to right the wrongs perpetrated by the state governor Alhaji Yahaya Bello and therefore advised the state Assembly should steer clear of the crisis and use its constitutional authority to bring sanity to the state by calling the governor to order.
Waniko warned that any attempt to ridicule the state judiciary by illegally pronouncing the removal of the Chief Judge would be resisted by the workers.
