A human rights organization, the Centre for Human Rights and Social Justice (CHRSJ) has revealed the reason why the Chief Justice of Nigeria (CJN) and Chairman, of the National Judicial Council (NJC), Honourable Justice Olukayode Ariwoola, GCON, has begun the investigation of Osun Judge, Justice Kudirat Morayo Akano over the allegation of a miscarriage of justice on forgery case and other substantiated allegations brought before her Court in respect of the Chieftaincy Stool of Alawo of Awo in Egbedore Local Government area of Osun State on Suit N0: HED/48/2021.
It would be recalled that the Suit N0:HED/48/2021, was brought before Justice Akano of the Osun State High Court, Ede Judicial Division, which bothered on usage of forgery of selection documents, flagrant disobedience to High Court pronouncements and usage of wrong law for illegal appointment and subsequent installation of one Taiwo Rasaq Adegboye as new Alawo on September 13th,2021.
Meanwhile, the Court of Appeal, Akure Judicial Division had nullified the fraudulent appointment and subsequent installation of Taiwo Rasaq Adegboye as the new Alawo in Appeal N0: CA/AK/58/2021 on 8th day of August 2022, by declaring Taiwo Adegboye as an impostor who should stop wearing any insignia nor parading himself as new Alawo henceforth.
But to the dismay of the litigant, Comrade (Prince) Adeniyi Alimi Sulaiman, the Executive Chairman of Centre for Human Rights and Social Justice (CHRSJ), Justice Akano dismissed the case on May 26th,2022, after just four times sitting on the matter, calling it an abuse of Court process by acting in contrary to Section 36 sub-section 1 of the Federal Republic of Nigeria(as amended), where the Litigant suspected the foul play and as well necessitated the Petition Letter dated June 29th, 2022 to the National Judicial Council (NJC) for thorough and credible investigation into her action on the subject matter.
Confirming the investigation, Honourable Justice Ariwoola through a Letter he personally signed as head of the nation’s judiciary and Chairman of the Council (NJC), dated 7th day of July 2023 with Reference N0: NJC/S.29/HC.OS/17/485, and forwarded to the CHRSJ’s Assistant General Secretary (AGS), Pastor Michael Agaasi, maintained the acknowledgement of receiving the human rights body verifying 62 Paragraphs Sworn Affidavit from Court of Records as being directed by the National Judicial Council (NJC) through its new Extant 2017 Disciplinary Regulations.
The NJC’s Letter read thus, ” This is to acknowledge receipt of your Petition dated 29th June 2022 on the above subject matter and the verifying affidavit forwarded vide Letter dated 9th May 2023 and to inform you that action is being taken, please”.
The NJC Letter was also made available to newsmen on Friday through the Press statement issued by the Media Office of the Centre for Human Rights and Social Justice (CHRSJ) where the human rights body applauded the National Judicial Council (NJC) headed by Honourable Justice Olukayode Ariwoola for standing on truth, firm and justice on the subject matter.
CHRSJ was quoting part of the 62 paragraphs Affidavit of Affirmation from the Court of Records against Justice Akano that, ” 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 in respect of 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, outdated, repealed and revoked Registered 1957 Declaration instead of subsisting Registered 1979 Alawo of Awo Chieftaincy Declaration for selection/or election, appointment, approval and subsequent installation of the 1st Defendant (Taiwo Rasaq Adegboye) in Suit N0:HED/48/2021 by declaring the Plaintiff (Prince Adeniyi Alimi Sulaiman) in Suit N0: HED/ 48/2021 as the only qualified candidate for the Stool of Alawo of Awo from Abioye Ruling House/Compound, Awo and as well begin the process of installing the Plaintiff with traditional rite as new Alawo of Awoland. But this is an abuse of the Court process as contained in the Ruling of Justice Kudirat Morayo Akano, which makes the said Ruling to be smelling.
“That Justice Kudirat Morayo Akano, knew that both HOS/63/2021 and HED/48/2021, were instituted on behalf of each of the Plaintiff on the 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 it that, the case of Litigant should be heard on merit and the Court must ensure substantial of the Suit and not technical justice as contained in the case of Haruna Yunusa Sa’eed & Anors. And Patrick Ibrahim Yakowa & Anors., holding before the Supreme Court of Nigeria, Abuja, on Wednesday February 8th, 2012 before their Lordships: Francis Tabai, JSC; John Fabiyi, JSC; Sulaiman Galadima, JSC; Nwali Ngwuta, JSC; and Oluwakayode Ariwoola, JSC( now CJN)- SC.21/2012”.
CHRSJ also raised a point of law in which Justice Akano knew that the Plaintiff in HOS/63/2021, did not have ‘locus standi’ to institute any action in respect of Alawo Stool because he failed to fulfil all the requirements as stipulated by the Supreme Court of Nigeria in Apacio & sons Ltd Vs OHMB(2016)LPELR -40598 and BELCO VS Agoro(1986) 5 NWLR(PENT45)8828.
Supporting its argument with the case of Adesanya vs. President (1981)SC. 112; that before a Plaintiff could have locus standi to institute an action in a Chieftaincy Stool, he must have shown all the qualities below;(i). that he belongs to a ruling house,(ii).that it is the turn of his ruling house to provide a candidate to fill the vacant Stool,(iii). there is a vacancy,(iv). that he is an interested candidate, and (v). that he has taken part as a candidate.
Further alleged Justice Akano of running foul of her High Court rules which had abolished demurrer in Order 22 Rule 28 of Osun State High Court, refers to the Celestine Anthony Onokonma V. Union Bank of Nigeria (2017) LPELR-42748(CA), She’ll Petroleum Development & Ors. V E. Nwawka and anor.(2001)10NWLR(PT720)64 and this made the Preliminary Objection of 1st to 3rd Defendants which is demurrer, incompetent and ought not to be granted by Justice Akano.
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