When Osun Judge, Panel Disagreed over Modalities
Yinka Kolawole writes that with the turn of events so far, the ongoing investigation into the allegation of malfeasance against Governor Rauf Aregbesola of Osun State promises to be revealing
As trouble continues to surface in Osun State over the state of affairs and the political atmosphere of the state, the latest and most topical is the feud between Governor Rauf Aregbesola and Justice Olamide Oloyede of the state High Court. The state Assembly recently summoned the High Court Judge following the setting up of the investigative panel.
The panel constituted by the Speaker, Najeem Salaam immediately summoned Justice Oloyede, who petitioned the parliament alleging Aregbesola and his deputy, Mrs. Titilaoye Tomori of impropriety to appear before it at the Assembly complex. The panel, in a letter signed by its chairman, who doubles as the Deputy Speaker, Akintunde Adegboye asked Oloyede to appear with evidential proofs to substantiate the allegations raised in her petition.
The letter read: “...You are to appear before the panel constituted by the Speaker, Rt. Hon. Najeem Salaam saddled with the responsibility to investigate the allegations raised in your petition, and you are
enjoined to appear with your evidences to substantiate the allegations.”
The panel chairman also disclosed that no form of fanfare, pro or anti protesters would be tolerated within the premises of the state parliament, to di srupt the peace of the state. The Assembly had also put paid to speculations that it was attempting to sweep Oloyede’s petition under the carpet by setting up the panel. Oloyede’s petition had triggered
protests from different rights activists and groups across the state.
Announcing the committee at a press briefing, Salam said the committee would work for two weeks and come up with their recommendations and urged them to carry out the assignment without prejudice.
“I acknowledge that the entire world is waiting for what we have to do with the petition forwarded to us by Justice Folahanmi Oloyede. I must disclose to you that Governor Rauf Aregbesola has obliged us his response to the petition and we have constituted a committee to look into the matter with a view to investigating the allegations levied against him, and I am confident that the honorable men in this committee would do justice to the matter before them without fear or favour.
“Let it be known that we shall treat the petition with all commitment, because it emanates from a serving judge of the state,” adding that “the petitioner approached us because of the trust she has in the Assembly.”
Members of the committees are Hon. Owoeye Timothy, Oladoye Folorunso, Adebayo Waseeu, Akinola Olasunkanmi, Ogunsola Oyeleke, Afolabi Olalekan and Adegboye Akintunde as the chairman.
Speaking after the inauguration of the panel, the member representing Ife Central, Makinde Oladejo, expressed dissatisfaction over the
composition of the committee, saying the minority were excluded.
According to him, “Though we are not here to serve as opposition, what are the criteria they used to compose the committee that I did not have? How would you do such a thing without the opposition and the minority leader?” he said, adding also that “though the majority may have their way, the minority will always have their say.”
The Tension Increases
Tension heightened in Osogbo, the Osun State capital as Justice Oloyede established allegation of mismanagement of funds leveled against Governor Aregbesola before the probe committee of the Assembly. This is just as Chairman, Civil Societies Coalition for the Emancipation of Osun (CSCEOS), Adeniyi Sulaiman, alleged that President Muham- madu Buhari was preventing Aregbesola from investigation.
Addressing a press conference in Osogbo, Sulaiman said “We are surprised that despite the fact Oloyede’s petition was sent to the EFCC and ICPC about two months ago, these agencies of the federal government, under President Muhammadu Buhari have refused to respond to this matter of urgent public interest, which has led to the death of many citizens from extreme poverty occasioned by the governor’s failure to pay salaries, pensions and cooperative deductions thereby killing commercial activities and threatening the security of lives and properties in the state.
The group also alleged that Vice-President Yemi Osinbajo, is one of the owners of a construction company, SLAVA YEDITEPE, describing it as “one of the construction companies that have only succeeded in spoiling our roads in Osun State.”
On the invitation of Oloyede by the Assembly panel, the group claimed it had information that the committee had reached a conclusion to declare that Oloyede is mentally unfit. Describing the committee as moribund and barbaric, Sulaiman said “Mr. Speaker is a rubber stamp of Aregbesola and we cannot expect fair hearing from the committee.” He also called on the committee to make the hearing public.
Disagreement in the House
In responding to the Assembly summon, Oloyede noted that unless she was given the copy of the reply by the state governor to her petition, she would not appear before the assembly panel. She however kept to her words by failing to appear before the panel in person but represented by her lawyer, Mr. Lanre Ogunlesi, a Senior Advocate of Nigeria (SAN) who could not make any headway.
The panel began its sitting at 10.am at the Committee Hall of the Assembly with heavy presence of security personnel in and around the complex.
At the session, the committee chairman turned down the plea by Oloyede’s lawyer, who asked for the response of the governor to build her defence. He claimed that the judge had broken three rules of the parliament already in the wrong filing, signing and appearance in line with order 126 sub-section one to six of the parliament’s rules.
While arguing for the response of the governor before the judge could appear, the panel chair said, Oloyede’s petition at the fourth paragraph was categorical on her readiness to appear with her evidences to back up her petition, saying the committee could not play “father Christmas” in giving what was not requested for abinitio.
Adegboye then clarified that the panel was a fact-finding committee not a trial court, saying the appearance of the judge would further confirm her resolve to pursue her cause and assist the committee in its work, but stressed that Oloyede could as well send her evidences if she could not appear in person.
The judge, who was represented by her lawyer told journalists after a closed-door meeting with the seven-man committee that justice and fair hearing demand that the petitioner be availed with the governor’s response to her petition.
“Fair hearing demands that as a first step to defending the petition, it is necessary for the petitioner to be provided with the governor’s response. What we discussed with them was that for us not to waste time on this matter, answers to the petition by the governor should be made available.
“They said the committee was a fact-finding one, but the issue at stake was a serious one and for the sake of posterity and the people yet unborn, they need to forward the answers to her. She may even come out and say I am sorry; I withdraw my petition after going through the governor’s reply and may not need to see the committee again.
“But I want to say that she will be here. We are not running away. She is bold enough to write the petition and she is prepared to defend it. If she should have the reply today, she will be here tomorrow,” the lawyer said.
Ogunlesi, who was a former Attorney-General and Commissioner for Justice in Ogun State
The panel constituted by the Speaker, Najeem Salaam immediately summoned Justice Oloyede, who petitioned the parliament alleging Aregbesola and his deputy, Mrs. Titilaoye Tomori of impropriety to appear before it at the Assembly complex. The panel, in a letter signed by its chairman, who doubles as the Deputy Speaker, Akintunde Adegboye asked Oloyede to appear with evidential proofs to substantiate the allegations raised in her petition
expressed reservation at the attitudes of the committee members, saying with the way they talked, the committee is likely going to close the case.
“They said they have their rules but they are not forthcoming towards our demand. They said they will decide and that we will be hearing from them. It maybe that they have made up their minds on what to do,” he stated.
But Akintunde insisted that his committee cannot provide the petitioner with Aregbesola’s response because it was a confidential document sent to the Assembly by the governor.
“The rule of the House is clear. Order 26 says that petition must come to the House through a member and again the petition must be signed page by page. But we are not looking at this. We wrote the petitioner by inviting her to defend her allegations. Another rule is broken because for clarity, the petitioner is not here and she needs to come in person but we allowed his representatives.
“This is not the end of the petition. We are still going to take our report to the floor of the house where every member of the House will debate it. But she is the one who sent the petition and the onus rests on her to prove it. Her petition must have been dead on arrival. It was not sent according to the rule of the house. But we made this rule. We are arbiter in this case and this is not a trial court. But we will get in touch with her.
On the issue of two weeks ultimatum given to the committee which expired on Thursday, July 30, he said, the committee can ask for extension of time if need for such arrived.
Asked about allegation of bias leveled against the panel by Civil
Societies Coalition for Emancipation of Osun State based on the fact
that no lawmaker from the opposition party in the House was put on the committee, Akintude said, “We are capable of doing justice. We know what we are doing. We are not a trial court but a fact-finding committee. This is an ad-hoc committee.” Assuring the people that the committee would be fair, he noted that “We have our names to protect and we still have four years before us.
Enter Ijesa Solidarity
An Elite society representing Ijesa sons and daughters worldwide, the
Ijesa Society has also stepped into the matter, describing Aregbesola, as a pride to the Yoruba nation going by the numerous developmental initiatives undertaken by his leadership in the state. The society stated this during a courtesy call to the Governor at the Government House, Osogbo.
President of the group, Chief Tunde Aluko, said Aregbesola is a torch bearer who has represented Ijeshaland well, adding that it is the duty of all well-meaning Ijesa and Osun indigenes to support the administration for the greatness of the state.
He said contrary to the impressions created by cynics, Aregbesola’s passion for rapid development of the state informed the level of financial commitment of government to various developments across the state, without jettisoning the welfare of workers.
“You mean so well for Osun. If you were to develop Osun overnight, you would do it. The only thing that is slowing you down is money,” Aluko said. He expressed optimism that the financial challenges confronting the state would soon be over, adding that the governor is creating a legacy that would outlive him in office.
Aregbesola, in his address, noted that the settings of towns in Osun which date back to more than 100 years is the most qualitative across Africa. He noted that every construction and other contracts entered into by government were conducted in the most transparent manner.
Appreciating the visit by the Ijesa elite, the governor described it as “huge and significant at a time some people are being sponsored to rubbish our achievements. This is an elite association, which is acknowledging our government as having performed significantly.” He reiterated his displeasure about the salary situation, adding that the challenge would soon be put behind, noting that every government initiative in the state represents the fulfillment of campaign promises made to the people, which ought to have been put in place by previous administrations.
The Security Factor
A new dimension, which is of security concern crept into the matter with the Civil Societies Coalition for Emancipation of Osun State (CSCEO) charging the Inspector General of Police (IGP) and the Directorate of State Security (DSS) to ensure the safety of Oloyede and others, who have been calling for the probe of Aregbesola’s administration.
The group specifically warned that if anything should happen to the serving judge or any member of CSCEO, Aregbesola and his “State Boys” should be held responsible.
According to a statement by the group’s Directorate of Media and Research, the coalition was not raising a false alarm other than calling on the attention of security agencies to be alert to the dangerous trend the crisis in the state was heading to. While charging security agencies to act fast by protecting Justice Oloyede, the group disclosed that information at its disposal showed that many other critics of Aregbesola’s government including key members of CSCEO and Osun Stakeholders (OS) have been targeted for attack.
In the statement signed by the Chairman of the coalescing organisation, Sulaiman, the group declared that this information was not mere allegation and that had the IG responded to its petition dated 13th July, 2015, those causing mayhem in the state would not have continued in their activities unabated.
“This is a warning that if security agents in the state maintained their current lackadaisical attitude, then more trouble is ahead for those who are not in Aregbesola’s good book. Reliable information gathered by our group showed that on Tuesday, July 28, when Justice Oloyede was billed to appear at the state House of Assembly Complex before the state Assembly’s panel, a group of State Boys and APC thugs had laid siege for her at the nearby bushes and the Legislative Quarters.
“We are not raising false alarm at all. To ensure that members of APC and other APC lawmakers are not caught in the web of the planned attack, leaders of the party and the Speaker, Hon. Najeem Salam had gone on air warning them not to be at the assembly complex that day,” he said.
According to him, if Justice Oloyede had appeared in person, the situation could have been catastrophic and many lives including those of lawyers and journalists, who had attended the stormy session would be endangered.
“We sent a petition to the IG through our lawyer on the activities of APC thugs known as State Boys on the incessant attack, terrorism, disorderliness, provocation and threatening of lives of innocent citizens but till now no concrete thing is done.
“We won’t forget in a hurry, Osun’s political crisis, which led to the dastardly killing of Hon. Odunayo Olagbaju and Chief Bola Ige in 2001 and that is why our group is crying and if anything should happen to the woman judge or any member of our group, the state government should be held responsible.
“Our group listed the names of those unleashing terror in the state and our reservation about the state Commissioner of Police, who has been bias and partisan in handling the situation in the state. We also know how the executives of the state chapter of the Police Community Relation Committee (PCRC), led by Mr. Amitolu Shittu, the Director-General of De-Raufs and Mr. Niran Ibitoye, the governor’s SSA on Works, who is the PCRC’s Public Relations Officer (PRO) have been using their influence on the State Police Command to support APC hoodlums against innocent civilians in the state,” he stated.
Sulaiman explained that his group was willing to shed more light and give more information to security agents on the clandestine activities of the State Boys if “we are call upon to do so.”
Addressing a press conference in Osogbo, Sulaiman said “We are surprised that despite the fact Oloyede’s petition was sent to the EFCC and ICPC about two months ago, these agencies of the federal government, under President Muhammadu Buhari have refused to respond to this matter of urgent public interest