Cal Issues Arising from ic Petition
with the Governor or his government, or any person or group of persons whose interests are closely tied to the activities of the government might be involved or interest of any person openly known to be antagonistic to the governor might become subject matter of litigation and such a person might be suspected of being a recipient of favourable treatment from Justice Oloyede who had earlier expressed opinions quite favourable to and in tandem with the campaigns of such opponents of the government and their associates.
In fact, by Rule 2 (B) (3) of the Code of Conduct for Judicial Officers, there is a duty cast on judges in the High Court of Osun on becoming aware of reliable evidence of unethical or unprofessional conduct by another judicial officer or a legal practitioner to immediately take adequate steps to report the same to the appropriate body seized with disciplinary powers on the matter complained of. If this is the stringent position of the law as regards the office of a judge, it is clear that any society which operates below this standard cannot guarantee the independence of the judiciary, the integrity of the hallowed chambers and sustain the much-needed public confidence in the administration of justice.
A judicial officer, by virtue of Rule 3 of the Code of Conduct for Judicial Officers, is required to regulate his extra-judicial activities to minimize the risk of conflict with his judicial duties.
"Each generation must, out of relative obscurity, discover its mission, fulfill it or betray it".
These immutable words of Dr. Frantz Fanon hold true today as they did many years ago when he said them. A society that will remain silent in the face of threats to its very existence can only consider itself grateful when a voice rings out, even if it is the biblical lone voice in the wilderness.
Osun state till this moment continues to grapple under an unprecedented weight of a financial famine. One wonders how the people have survived unpaid salaries in a state largely composed of civil servants. What is happening in the local markets, how are school fees paid and what is the state of healthcare in the event of inevitable health challenges? How can the average Osun state civil servant afford the basic necessaries of food, clothing and shelter without a basic salary?
These were the questions that prompted a citizen, a woman, a mother, a wife, a sister, a Judge and Public servant to ask a Public question bordering on the management of the commonwealth of the people of Osun State.
Her position is simple. The state is believed to have generated more money than the Governor admits he has received. Secondly, the Governor has borrowed the state to its knees, to the extent that the banks no longer find Osun State credit worthy-a fact admitted by the governor, thirdly, that the consequence of the above is the non-payment of the legitimate salaries, which at the time of the petition in June, 2015, civil servants had not earned since October 2014. Finally, if the Governor cannot defend the precarious situation the state
Now that Justice Oloyede has pronounced Governor Aregbesola guilty of all offences, both probable and improbable without any form of trial, was the learned Judge of the High Court aware of the provisions of the Code of Conduct for Public Officers contained in Item 9, Part I of the Fifth Schedule to the Constitution which stipulates that
‘9. A public officer shall not do or direct to be done, in abuse of his office, any arbitrary act prejudicial to the rights of any other person knowing that such act is unlawful or contrary to any government policy.’
Considering that such pronouncements coming from the revered office of a Judge as were made by Justice Oloyede would have much impact in the court of public opinion, it is our humble opinion that the learned Judge has gone beyond the ethics of her profession in which conservativeness is tailored to protect public interest and preserve confidence in the judiciary.
All these are express provisions which a judicial officer must not be found wanting in respect of. How do we describe the allegations the judge leveled against the governor which range from civil wrongs to outright criminality and a call for impeachment outside the provisions of Section 188 of the Constitution. It is better to consider the issues involved in this matter from the angle of the public interest than from parochial considerations which might come from party affiliations. It is indisputable that the authorities concerned ought to look into the propriety of the act of Justice Folahanmi Oloyede otherwise, we might witness another expression of judicial rage, it might be a Judge slapping a Senator or even the President for alleged mis-governance.
Mr. Dimeji is former NBA National Publicity Secretary and member of Osun State Judicial Service Commission