- How Judicial Service Commission corrected 12 years of injustice, denial of right of judges
Twelve years after some judges of Magistrate Courts in Osun State Judiciary were marginalised, sidelined and denied their rightful place in the magisterial hierarchy, the Osun State Judicial Service Commission has decided to correct the anomaly.
The Point reliably gathered that since 2012, there has been injustice and fundamental error in the seniority designations, promotions and appointments within the magistracy in the state.
Investigations revealed that some junior magistrates who had influence and connections within government of former governor Rauf Aregbesola had been placed above some other magistrates who senior them both in the bar and appointments into the magistracy.
It was gathered that the four Chief Magistrates 1 who were affected in this act of injustice and relegation included A. I. Sarumi, A. O. Oyeniyi, A. Oloyade, and M. A. Olatunji.
They were employed as magistrate grade 2 in 2005 by the state government.
While Sarumi and Oyeniyi were called to bar in 1999 and appointed as Magistrates in 2005, Oloyade was called to bar in 2001 and appointed as magistrate in 2005. Olatunji was called to the bar in 1999 and appointed as Magistrate in 2012.
After two years, their appointments were confirmed by the state official Gazette of November 27, 2008, number 22, Vol. 18 at page 177.
Documents obtained by The Point revealed that these magistrates rose through the ranks between 2005 and 2011 to the rank of Senior Magistrate 2.
But, in October 2012, they started experiencing injustice after a set of new magistrates were employed.
The new magistrates – R. I. Ladipo, H. O. Basiru and A. I. Oyebadejo – were appointed as Senior Magistrate 2.
To the chagrin of the affected senior lower court judges, these three magistrates were promoted to become senior magistrates 1 (substantive) within a short time, while their seniors were left in acting capacity.
The Point gathered that as at the time these set of new magistrates were employed and placed over their seniors in the bar and magistracy, one of them has a spouse who served in the first term of Aregbesola as Commissioner of Regional Integration and Special Duties and was also appointed in Aregbesola’s second term as Attorney General and Commissioner for Justice for the state.
Another magistrate among the newly favoured had a father who was a top official in the then government.
While Ladipo and Basiru were called to the bar in 2002, Oyebadejo was called to the bar in 2003. However, they were all appointed as magistrates in 2012.
As a result of the placement given to the three magistrates, the four other ones were placed behind them on the seniority list of the magistracy and in the employment of the state.
More worries were added to the profession of the four affected older magistrates after their promotion fell due in 2014 but they were not promoted until 2018.
When a group, Citizens Support for Lower Courts, that monitors and advocates for the welfare of judges of the lower courts got wind of the aberration, it petitioned the Osun State Judicial Service Commission and sought for the repositioning of the affected magistrates and others to their rightful place.
In a letter that CSLC addressed to the commission’s chairman, dated June 18, 2024, the group expressed shock over the development and demanded for the undoing of the situation.
The letter entitled, “Concerns Regarding Seniority Designations, Promotions and Appointments Within the Magistracy in Osun State,” and signed by CSLC convener, Barrister Adebayo Akinlade, reads, “It has come to the attention of the Citizens Support for Lower Courts (CSLC) that some magistrates in Osun State are being marginalized, side-lined and/or denied their rightful place in the magisterial hierarchy of the Osun State Judiciary.
“We note with dismay that in a profession such as ours, where seniority is one of its bedrock in ensuring respect and discipline, we find within the ranks of the judiciary that junior magistrates are promoted, appointed and even given priority over their seniors in the Magistracy.”
While appealing for redress, CSLC, in the letter to the Attorney General and Commissioner for Justice, Jimi Bada was copied, reminded the JSC chairman that, “The tradition of seniority at the Bar is very sacrosanct, on the Bench we acknowledge that seniority is not according to year of call but year of appointment into the Bench. It is our understanding that seniority in the Magistracy is similar to that of the Bench; so, my lord can imagine how confused we are when our attention was drawn to the promotion and appointment exercise in the Osun State Judiciary where magistrates junior in both age at the bar and in the appointment dates have now taken positions of seniority over and above their seniors.”
“My lord, as chairman of the JSC, we appeal to your lordship that these above-named magistrates and others who are affected by whatever error may have been done to create a situation where they are being side-lined and/or do not enjoy their rightful position in the magisterial hierarchy be undone,” it stated.
However, following the promotion and regulation exercise conducted for judiciary workers in the state by the commission last Friday, The Point was reliably informed that the injustice has been reversed as Magistrates Sarumi, Oyeniyi, Oloyade and Olatunji have been returned to their rightful places and placed above their juniors on the nominal roll of Magistrates in the state.
“Yes, I can confirm to you that the affected magistrates have been properly placed and their seniority on the nominal roll of Magistrates in Osun State has been restored. It was disturbing that those who dispense justice were denied justice that long. Governor Ademola Adeleke and the Osun State Judicial Service Commission should be commended for this feat,” an official within the judiciary who did not want to be named confirmed to The Point.
