EMBATTLED former governor of Ogun State, Otunba Gbenga Daniel, has dragged his successor, Senator Ibikunle Amosun, to an Abeokuta High Court III sitting in Isabo, over the constitution of Truth and Reconciliation Commission.
Daniel, who filed his petition through his counsel, Prof. Taiwo Osipitan, in suit NO: M/174/2011, is seeking the leave of the court to declare illegal and unconstitutional, the constitution of the commission which has already started exposing the alleged shoddy deals of the immediate past administration.
When the commission was set up, Daniel had declared that he would appear before the Truth and Reconciliation Commission set up by Amosun's government, saying: "The panel will afford the people of Nigeria another opportunity to know the truth against falsehood and vile propaganda."
Osipitan told the court that he would rely on several portions of the constitution, including Section 36 (4) to argue his case against Amosun and others joined in the suit, arguing that the power of the Governor in Section 2 (1) of the Commission of Enquiry Laws, Vol. 1. Of Ogun, 2006 does not include power to set up the commission.
"His power does not include the power to conduct an enquiry on whether the past governor, his aides, persons who served with him committed any crime between January 2003 and May 2009. He is not competent by the law to set up a commission of enquiry into any alleged criminal acts," Osipitan said.
He thereafter submitted an application to seek the order of the court to prohibit and restrain members of the commission from proceeding with their findings. Osipitan also requested an order to restrain members of the commission from further investigation, making findings, recommendations and or sanctions in respect of the activities of Daniel and his aides.
The presiding Judge, Justice Paul Onamade, noted that the applicant is seeking the leave of the court and coming under Order 40. "And this leave is required by the law before the respondents can be served with the motion on notice for the determination of the matter and the merit. I hold the view that the application should succeed and it is hereby granted as prayed.
"This granting of leave should operate as a stay of proceeding on the Ogun State Truth and Reconciliation Commission," Onamade said.
The Guardian
Why is Daniel suing Amosun, if he knows his hands are clean?