The court also declared that the Chief Registrar of the state High Court held a statutory position as the accounting officer of the Judiciary and was therefore, not subject to the control and supervision of either the Executive or the Legislature.
“By item 21 of the Third Schedule to the 1999 Constitution , the National Judicial Council is the body empowered to exercise disciplinary control over all Judicial Officers of Nigeria. “To allow only the House of Assembly and the governor of a state to remove a Chief Judge of a state or any judicial officer for that matter, without the input of the NJC, will be monstrous and outrageous as it is capable of destroying the very substratum of justice and introducing a system of servitude, utterly inconsistent with the constitutional independence of judges”, he said.
The claimants, in their Originating Summons posed four questions for determination which revolved round whether the defendants had power to remove the Chief Judge as a “Judicial Officer” within the meaning of sections 292 and 318 of the 1999 constitution. They equally sought orders of perpetual injunction setting aside the purported resolution and another restraining the defendants, their agents, privies or servants from investigating or exercising any form of disciplinary control or sanctions on the claimants.
The Chief Judge had instructed the Chief Registrar to reply the letter as it was unethical for him to communicate directly with her while the case was pending.
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