Alawo Stool: Rights Group Petitions Osun Judge To NJC Over Alleged Miscarriage Of Justice
Wednesday 29th June,2022.The Chairman,National Judicial Council (NJC),
Supreme Court Complex,Three Arm Zone,Federal Capital Territory (FCT),Abuja-Nigeria.
OUR LORDSHIP SIR,
CHRSJ REQUESTS FROM THE NATIONAL JUDICIAL COUNCIL(NJC) TO INSTITUTE AN INVESTIGATION INTO THE REPORT OF MISCARRIAGE OF JUSTICE ON SUIT-NO: HED/48/2021 AND BIAS, JANKARA AND ONE SIDED RULING OF OSUN STATE HIGH COURT JUDGE, JUSTICE KUDIRAT M. AKANO ON SUIT-NO:HED/48/2021- BETWEEN PRINCE ADENIYI ALIMI SULAIMAN VS. PRINCE TAIWO ABDULRASAQ ADEGBOYE & (6)ORS OVER FORGERY OF SELECTION DOCUMENTS, USAGE OF REPEALED, OBSOLETE AND OUTDATED LAW AND FLAGRANT DISOBEDIENCE TO COURT ORDERS ON ALAWO STOOL.
CHRSJ WANTS NJC TO SET UP PANEL OF COURAGEOUS AND INCORRUPTIBLE JUDGES TO INVESTIGATE THE BIASED, JANKARA, ONE SIDED AND SMELLING JUDGEMENT OF JUSTICE KUDIRAT M. AKANO ON THE SUBJECT MATTER FOR POSSIBLE OUTRIGHT DISMISSAL FROM THE BENCH OF OSUN STATE.
Sir, kindly refer to the above subject matter.”An injustice anywhere,is a threat to justice everywhere”. With due respect Sir, we are bringing fraternal greetings to you from the leadership and entire members of this human rights organization, the Centre for Human Rights and Social Justice (CHRSJ, Nigeria).The Centre for Human Rights and Social Justice (CHRSJ, Nigeria), is one of the leading human rights organization in Nigeria with the aim of defending rights of the citizens and promotion of democracy as best form of government in the world.Our Centre is impelled by courage, character, commitment and competence to promote, protect, and defend the citizens’ rights and seeks redress of any act of injustice meeted out to the Nigeria citizens at home and abroad.We cannot renege, inspite of all odds, on our crusading against any act of injustice in the land within the ambit of the law.CHRSJ sees our Courts as the last hope of common man in the country and to safeguard our society from Hobbessian type of society where the life is brutish and shortish and also, to safe our society from jungle justice that may lead to anarchy.While appreciating the efforts of the Acting Chief Justice of Nigeria(CJN) and Chairman, National Judicial Council (NJC) to ensure sanctity of justice in the Courts of our land and our confidence in the judicial arm of government remains firm. But it is very unfortunate that some elements who are supposed to protect the sanctity of judicial arm of government but they are still not wanted to change from their past by thinking that they can manipulate the judicial process to satisfy their whims and caprices.We equally believe that the judicial arm of government should be impartial and uphold the truth always in dealing with all NIGERIANS approaching the TEMPLE of JUSTICE in the country.It is common knowledge that the right of fair hearing of any litigant should not be obstructed by any Court as stipulated in the section 36(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)It is on this note that we are reporting the BIAS, JANKARA, SMELLING and MISCARRIAGE OF JUSTICE orchestrated by Justice Kudirat M. Akano of the Osun State High Court sitting in Ede on Suit N0:HED/48/2021- Between Prince Adeniyi Alimi Sulaiman Vs. Prince Taiwo Abdulrasaq Adegboye & 6 Ors over FORGERY of selection documents, flagrant DISOBEDIENCE to Court’s Orders and usage of OBSOLETE, OUTDATED and REPEALED Registered 1957 Alawo of Awo Chieftaincy Declaration instead of SUBSISTING Registered 1979 Alawo of Awo Chieftaincy Declaration as AFFIRMED on the 17th Day of September, 2020 judgement of Suit N0: HED/26/2020 delivered by Hon. Justice M.O. Agboola of Osun State High Court sitting in Ede in respect of the same Alawo stool.Our human rights organization suspected the foul play from the RULING of the Presiding Judge, Justice Kudirat M. Akano, where she declared that the subject matter- HED/48/2022 is abuse of Court process for approaching her Court to seek redress on forgery of selection documents, flagrant disobedience to Court Orders and usage of OBSOLETE, REPEALED AND OUTDATED law in selecting and appointing the 1st Defendant- Taiwo Abdulrasaq Adegboye illegally into the stool of Alawo on 13th day of September, 2021, as at the time the two Court Orders to maintain “STATUS QUO” are still subsisting till the present moment and as well the 1st Defendant- Prince Taiwo Abdulrasaq Adegboye still before the Court of Appeal in Appeal N0: CA/AK/58/2021 on Suit N0:HOS/84/2020- which still pending and Akure Appeal Court reserved judgement till the time of writing this petition letter to the National Judicial Council (NJC). The four page Ruling of Justice Kudirat M. Akano on HED/48/2021, attached as annexure 1, 2, 3 & 4.Sir, it is very unfortunate and this is the first time our organization would experience JANKARA RULING in the existence of our legal system where a Judge of an High Court in the land, would declare that filling an application against FORGERY of selection documents, flagrant DISOBEDIENCE to Court Orders and usage of OBSOLETE REPEALED AND OUTDATED registered Chieftaincy Declaration (that is Registered 1957 Declaration instead of subsisting Registered 1979 Alawo Chieftaincy Declaration), amount to abuse of Court process before her Court.And this made us to be suspecting the foul play and wondering why such Judge would be covering of FORGERY act and DISOBEDIENCE to Court Orders, while urging the NJC to also institute an investigate into her personal records with the bench of Osun State in order to avoid the likes of recently sacked and dismissed Justice A.A. Abdulkareem of Osun State HIGH Court by NJC over falsification of age.CHRSJ wishes to inform your LORDSHIP further that the Plaintiff in HED/48/2021, did not approach the Court of Competent jurisdiction like non- concern people over the stool until after the 2nd to 7th Defendants in HED/48/2021, violated the SUBSISTING Court Orders of maintaining “STATUS QUO” by appointing the 1st Defendant on 13th day of September, 2021 as new Alawo illegally which tantamount to resulting to self help on the issue which the Court had frown at, as contained in the case of Ezeugbu Vs. FATB Limited (1992)1 NWLR ( Part 220) 669 at 735 paragraphs A-F, Tobi JCA (as he then was of blessed memory).While the Plaintiff in HED/48/2021, as a law abiding citizen and other parties in HOS/84/2020 are waiting for the outcome of the 1st Defendant in HED/48/2021, on his Appeal N0: CA/AK/58/2021 on Suit N0:HOS/84/2020 in respect of Alawo stool, the 2nd to 7th Defendants just violated the SUBSISTING Court Orders and as well undermining the integrity of the Court by appointing the 1st Defendant in HED/48/2021 on 13th day of September, 2021, with fraudulent process of forgery act, usage of wrong law and flagrant disobedience to Court Orders- Refered to case of Chief Okoya & Ors. Vs. Santilli &Ors.(1991)7NWLR(Part 206)753/766. The Presiding Judge on Suit N0 HED/48/2021, Justice Kudirat M. Akano, did not see anything wrong in the action of appointing the 1st Defendant in HED/48/2021 as new Alawo without following due process of law by poking finger into the eyes of the law, after the Apex Court in the land, the Supreme Court of Nigeria, had maintained that the order of the Court must be obeyed by all and sundry as contained in the case of Governor of Lagos State Vs. Ojukwu, the Supreme Court dwelth extensively on the need to obey the JUDGEMENTS and ORDERS of the Court. What a JUDGE in Justice Kudirat M. Akano? Chronicling of her ruling, she maintained that both Preliminary Objections of the 1st to 3rd and 4th to 6th Defendants raised almost the same issues of law on the jurisdiction of the Court and the Counter-Affidavit of the Plaintiff in HED/48/2021 dated 16th day of March,2022, to Notice of Preliminary Objection of 1st to 3rd Defendants, had taken care of the same Preliminary Objection of 4th to 6th Defendants, so as to safe the precious time of the Court but the same Justice Akano stated emphatically in her ruling that there was no Counter Affidavit filled by the Plaintiff to the Preliminary Objection of the 4th to 6th Defendants. What a double speaks JUDGE? But Justice Kudirat M. Akano based his RULING on paragraph 15 of sworn Affidavit in Support of the Notice of Preliminary Objection of 1st to 3rd Defendants by one Alhaji Abdulkareem Adegboye on 9th day of March,2022, without Statement of Defence as required by the LAW.And Exhibit ‘POS1’referred to,was instituted when the 1st Defendant was never appointed illegally as new Alawo by the 2nd to 7th Defendants, while Exhibit ‘POS3’-HED/48/2021 was instituted in over three(3) months after the illegal appointment of 1st Defendant was made by 2nd to 7th Defendants on 13th September,2021. After carefully study of the Suit N0: HED/48/2021 by the team of our legal Counsels, the Presiding Judge, Justice Kudirat M. Akano knowing fully well that only the HED/48/2021 could remove the 1st Defendant from the present position he occupied illegally because the suit is the case of a duly and legally participant in a race but other cases instituted in respect of Alawo stool by those who did not have ‘LOCUS STANDI’ can not stand the test of the time and Justice Kudirat Akano also knew very well that the Plaintiff in the HOS/63/2021, was not part of the two candidates ( Prince Adeniyi Alimi Sulaiman- Plaintiff and Prince Taiwo Abdulrasaq Adegboye,the 1st Defendant in (HED/48/2021) from Abioye Ruling House/Compound, Awo that obtained the Expression of Interest Forms to contest for the stool of Alawo of Awo. It is just like comparing a case of a member of either the PDP or APC who did not obtain the Presidential Form to participate in a Presidential Primary of their Political Parties with the 2023 Presidential Hopefuls of the two Political Parties now and say their case would be the same or such a person approach the Court by praying that the Court should allow him to participate in the Presidential race after the game has ended.While the Writ of summons of the Plaintiff in HOS/63/2021 was praying the COURT to allow the process to begin again in order to allow him to obtain the Expression of Interest Form on Alawo stool after the race had begun and Plaintiff in HED/48/2021 was praying the COURT to nullify the manipulation process with forgery of selection documents, flagrant DISOBEDIENCE to Court Orders and usage of OBSOLETE, REPEALED AND OUTDATED 1957 instead of SUBSISTING 1979 Alawo of Awo Chieftaincy Declaration for the Selection/Election and susequent Appointment of the 1st Defendant in HED/48/2021 by declaring the Plaintiff in HED/48/2021, as the only qualified candidate for the stool of Alawo from Abioye Ruling House/Compound, Awo and as well begin the process of installing him with traditional rite as new Alawo of Awoland and this is abuse of Court process in the Ruling of Justice Kudirat Akano. What a SMELLING and JANKARA RULING? The Presiding Judge, Justice Kudirat M. Akano, also knew that both HOS/63/2021 and HED/48/2021 instituted on behalf of each of the Plaintiff on 17th day of August, 2021 and 31st day of December, 2021 respectively and not to represent any member of Abioye Ruling House/Compound Awo, and the Supreme Court has settled that the case of any LITIGANT should be heard on merit and the Court must ensure substantial of the Suit, not Technical justice as contained in the case of Haruna Yunusa Sa’eed & Anors And Patrick Yakowa & Anors, holding before the Supreme Court of Nigeria, Abuja, on Wednesday February 8, 2012 before their LORDSHIPS: Franscis Tabai,JSC; John Fabiyi,JSC; Suleiman Galadima,JSC; Nwali Ngwuta,JSC and Olukayode Ariwoola,JSC/now Acting CJN- SC. 21/2021.Sir, it is our opinion as a human rights body that “obedience of Court orders is necessary for law and order to reign. From country to country, all over the world, it is usual to set up a Court system or judiciary to hear and peacefully settle disputes among the parties.The Courts are a forum for the hearing, adjudication and reconciliation of the legal rights and duties of parties. It is one of the three branches of government and important institution of government for the maintenance of law and order in a country.
However, for the Courts to perform its duty of administration of justice effectively, obedience of Court RULINGS, ORDERS and JUDGEMENTS of the Court by all persons and governments are necessary and that is the only way law, order and peace can be maintained.Even, it is a settled principle of administration of justice that when a party in a matter, has approached the Court of LAW, all the parties should maintain “STATUS QUO” as in Ezekiel- Hart V Ezekiel— Hart, 222 Wali,JSC(as he then was) cited with approval the dictum of O’ Leary, in Canada Metal Co Ltd v Canada Broadcasting Corp (N0.2) where his Lordship said that: “To allow Court orders to be disobeyed would be amount to tread the road towards anarchy. If orders of Court can be treated with disrespect, the whole administration of justice is brought to scorn….. If the remedies that the Courts grant to correct…. wrong can be ignored, then there will be nothing left for each person but to take the law into his own hands. Loss of respect for the Courts will quickly result in the destruction of our society”. It is our believe that law of MIGHT cannot overrule the rule of LAW by referring to the Supreme Court per RHODES- VAVOUR(JSC, as he then was), in the case of Chief Ujile D. Ngere &1Or V. Chief Job Williams Okuruket “X1V”&3Ors (2014) 11NWLR pg. 173 para G-H, held that “So long a party in a suit refuses to implement or obey a COURT ORDER, the party would not be given a chance for hearing in a subsequent application.While recalling the four (4) times sitting of Presiding Judge, Justice Kudirat M. Akano between month of February to May, 2022 on the subject matter (HED/48/2021), we can not forget in a hurry what led to the untimely exit of the Justice Thomas Naroon from the bench in respect of First Osun Election Petition Tribunal on the outcome of 14th of April, 2007 Osun State Governorship election between Mr. Rauf Adesoji Aregbesola and Prince Olagunsoye Oyinlola.Also, we would remember vividly, the courageous Hon. Justice Christopher Hardy who sentenced James Ibori’s Lawyer, Mr. Bhaadrash Gohil who was a partner at Artlinton Sharmah Solicitors, UK, to seven(7) years imprisonment for an act of conspiracy to make false instrument and undue influence of justice. Justice Hardy described Gohil as “architect and predicate offenders in thoroughly dishonest scheme”.We will also refer your Lordship to the recent established case of forgery act against the 2019 Bayelsa Deputy Governor-Elect, Senator Biobarakuma Degi-Eremienyo, where Supreme Court invoked law of evidence that when an act is voided, it is voided altogether as it affected the then Bayelsa Governor-Elect, Mr. DAVID LYON in less than twelve(12)hours to their inauguration to be SWORN-IN to office as Governor and Deputy Governor of Bayelsa State respectfully.OUR DEMANDS:It is our fervent believe that it may be long to get justice on the subject matter but it is also our believe that justice would serve one day on this matter where those who perpetrated and benefited in the forgery acts and others illegality with their helpers would bring to justce according to the law of the land.
CHRSJ demands as follows: 1. CHRSJ wants the authority of the National Judicial Council(NJC) to set up an independent panel of Enquiry to be comprised of unbiased and INCORRUPTIBLE jurists that would Iook into the Ruling dated 26th day of May, 2022, delivered by Justice Kudirat M. Akano of Osun State High Court, Ede judicial division, on HED/48/2021, because this is an half baked proceedings which produced half baked Ruling tagged ‘JANKARA RULING’.
2. CHRSJ wants National Judicial Council(NJC) to request from Justice Kudirat M. Akano to furnish the body ( NJC) why she refused to hear the Suit N0:HED/48/2021 on merit upon all the convince evidences beyond reasonable doubt frontloaded by the Plaintiff, as settled by the Court in the case of AKAT NIG LTD VS. UNITY BANK OF NIGERIA(2016) LEPLR 40.
3.CHRSJ wants National Judicial Council(NJC) to Investigate the official records of Justice Kudirat M. Akano in both academic and otherwise with the bench of the country,Osun State in particular.
4. CHRSJ wants NJC to request from Justice Kudirat M. Akano, why she rule that filling an application against forgery of selection documents,usage of wrong law and disobedience to Court Orders became abuse of Court process in her Court.
5.CHRSJ wants NJC to request for the Court records of the Suit N0:HED/48/2021,in order to know the truth of the case by looking at the prayers contained in the Writ of Summons with that of HOS/63/2021.
6. CHRSJ wants NJC to request from Justice Kudirat M. Akano if Plaintiff in HOS/63/2021, obtained Expression of Interest Form for the Alawo stool and why other Judges presiding over Suits in respect of Alawo stool, in the High Court of Osun State are hearing all the matters before them on merit by not stepping down any case for each other.
These are the lists of the cases in respect of Alawo Chieftaincy stool from July 2020 to year 2021 and till the present moment: (i).HED/26/2020, (ii).HED/31/2020, (iii).HOS/84/2020, (iv).HOS/63/2021, (v).HED/07/2021, (vi).HEJ/10/2021, (vii).HED/48/2021, (viii).Appeal N0:CA/AK/58/2021 on HOS/84/2020 and no fewer than six(6) cases are still ongoing with the one before the Appellate Court in Akure.
7. CHRSJ wants NJC to request from Justice Kudirat M. Akano, why she did not want the Plaintiff to open his case in HED/48/2021,in order to invite the listed witnesses to testify on the matter for genuine and unbiased judgement and this singular action shows the level of compromised on the part of Justice Kudirat M. Akano in respect of the ‘RULING’ on HED/48/2021.
8. CHRSJ wants NJC to ask Justice Kudirat M. Akano why she based her Ruling on the Preliminary Objection of the Legal Counsel to 1st to 3rd Defendants without Statement of Defence as stipulated by the RULES of the COURT.
9. CHRSJ wants NJC to ask Justice Kudirat M Akano on why she breached the right of fair hearing of the Plaintiff in HED/48/2021,as stipulated in Section 36(1) of the amended 1999 Constitution of the Federal Republic of Nigeria.
10. CHRSJ wants NJC to ask Justice Kudirat M. Akano to open up on the sum collected before she gave Ruling in favour of the 1st Defendant and his Counsel in HED/48/2021.
11. CHRSJ wants NJC to immediately relief Justice Kudirat M. Akano of her present position as Justice of the Osun State High Court sitting in Ede, pending the conclusion of the Independent Panel of Enquiry to be set up by the National Judicial Council(NJC) on the subject matter. Sir, CHRSJ therefore calls for outright dismissal of Justice Kudirat M. Akano, from the bench of Osun State so as to serve as detterents to any Judge who might want to put the hard earned image of the judiciary as the last hope of the common man into a mud.
CONCLUSION:
CHRSJ believes in an adage which says if a falsehood run for Twenty(20)years, only a day the truth would catch up with it and It has been cleared to the whole world that those who violated the court orders at will, forged the selection documents, usage of wrong law for a legal process and as well result to self help, are not doing anything wrong before Justice Kudirat M. Akano but those who followed due process of law, are wrong before Justice Kudirat M. Akano.We are appealing to the Nigeria Judicial Council(NJC) to assist our human rights organization in investigating Justice Kudirat M. Akano and her RULING on HED/48/2021 because we see this RULING as a pure MISCARRIAGE of JUSTICE of highest order which if allow unchecked by the NJC, it may tarnish the hard earned reputation of the judiciary and it may also make citizens to loose hope in the judiciary as the last hope of common man by making people to result to jungle justice on any matter.
As a human rights organization and friend of the judiciary (Court)- “AMICUS CURIAE” in the land, we still repose our implicit confidence in your capability to do the needful in a jiffy on the subject matter, based on your track record since your elevation as Justice of the Supreme Court of Nigeria,now Chairman of National Judicial Council(NJC) and Acting Chief Justice of Nigeria(CJN) that you will ensure fair play and justice are done for the innocent citizens of the country.
All the Court processes filled by the Plaintiff and Defendants in HED/48/2021 and media reports are hereby attached for your perusal Sir.We are ever and absolutely ready as always did to appear before the NJC panel if we are called upon to do so on the subject matter to adopt all our convincing evidences attached to this PETITION LETTER before the panel of INCORRUPTIBLE jurists.
Lastly Sir, we promised your authority that we would advise the Plaintiff in HED/48/2021, as a RESPECTER of Rule of Law, to approach the Court of Appeal sitting in Akure as a matter of urgency to seek redress for injustice meted out to him by Justice Kudirat M. Akano in her Ruling on Suit-No:HED/48/2021.LAW IS NO RESPECTER OF ANYBODY.Yours faithfully,For: Centre for Human Rights and Social Justice (CHRSJ)Pastor Michael Agaasi, Assistant General Secretary (AGS)+2349070147505CC:
(1). President Muhammadu Buhari Executive President, Federal Republic of Nigeria,Aso Rock Villa,Asokoro, FCT,Abuja-Nigeria.
(2). The Secretary,National Judicial Council (NJC),Supreme Court of Nigeria Complex,Three Arms Zone,Federal Capital Territory (FCT),Abuja-Nigeria.
(3).Attorney General of the Federation and Minister of JusticeFederal Secretariat Complex,FCT, Abuja-Nigeria.
(4). The Secretary,National Judicial Council (NJC),Supreme Court Complex,Three Arms Zone,Federal Capital Territory (FCT),Abuja,Nigeria.
(5). The President Court of Appeal, Apeal Court Complex, FCT,Abuja, Nigeria.
(6).The Chief Judge(CJ),State High Court Complex,Oke-fia, Osogbo.Osun State, Nigeria. (7). Alhaji Adegboyega Oyetola Executive Governor of Osun State,Bola Ige House,Governor’s officeAbeere, Osogbo, Nigeria.(8). The Attorney- General and Commissioner for JusticeGovernment Secretariat Complex,Abeere, Osogbo,Osun State, Nigeria.
(9). The British High Commissioner to Nigeria, British Embassy, FCT, Abuja-Nigeria.
(10). American Ambassador to Nigeria, American Embassy, FCT, Abuja-Nigeria.
(11). Canadian Ambassador to Nigeria, Canadian Embassy,FCT, Abuja-Nigeria (12). Executive Secretary,National Human Rights Commission(NHRC), National Headquarters,FCT, Abuja-Nigeria.
