A human rights organization, the Centre for Human Rights and Social Justice (CHRSJ) has disclosed that the National Judicial Council (NJC) had concluded the arrangement to begin an unbiased investigation of Osun Judge, Justice Kudirat M. Akano over the alleged miscarriage and subversion of justice on Alawo of Awo Chieftaincy legal Suit N0: HED/48/2021.
It would be recalled that the Court of Appeal, Akure Judicial Division, through its judgement dated the 8th day of August 2022, had removed the illegal occupant of the stool, one Taiwo Abdulrasaq Adegboye, by declaring him as an impostor and ordering him not to parade himself as Alawo of Awoland henceforth.
However, Taiwo Abdulrasaq Adegboye forged every document relating to his illegal ascension to the throne of Alawo of Awoland on the 13th of September,2021, thereby making Adegboye a product fake and forged selection documents because of his membership of the then ruling of All Progressives Congress (APC) Government of Gboyega Oyetola in the State.
Disclosing this on Monday, the investigation was a result of the Petition Letter dated June 29th, 2022 and forwarded to the National Judicial Council (NJC) by the human rights body (CHRSJ), alleged Justice Kudirat M. Akano of biased in her ruling delivered on Suit N0: HED/48/2021, on 26th day of May 2022.
The human rights body, through its said Petition Letter to NJC, queried the rationale behind the Presiding Judge on Suit N0: HED/48/2021, to dismiss the Suit by declaring that forgery of selection documents, flagrant disobedience to Court Orders and usage of obsolete, repealed, outdated and revoked law was abused of the Court process.
Responding to the CHRSJ’s Petition Letter, the NJC in its Letter with Reference N0:NJC/S.29/HC.OS/17/1/394, dated 29th December 2022 and signed by the Council Secretary, Ahmed Gambo Saleh, Esq and the said letter was directed to Pastor Micheal Agaasi, the Assistant General Secretary (AGS) of the Centre for Human Rights and Social Justice (CHRSJ).
The NJC Letter further informed the human rights body to comply with the extant Judicial Discipline Regulations 2017 of the Council by ensuring verification of the affidavit deposed before a Court of Record.
In complying with the NJC’s directive on the subject matter, the group through its Assistant General Secretary (AGS), Pastor Micheal Agaasi, swore to sixty(62) paragraphs of Affidavit of Affirmation dated 9th day of May 2023, before the Federal High Court, Osugbo Judicial Division with covering letter to the National Judicial Council (NJC).
According to the Covering Letter dated Tuesday, 9th of May,2023 and signed by CHRSJ’s Assistant General Secretary (AGS), Pastor Micheal Agaasi, urging the NJC to look into the complicity and duplicity of Justice Akano on Suit N0: HED/48/2021.
It added,” The purpose of responding to the NJC’s Letter within the stipulated time frame of receiving the Letter from NJC is to affirm and confirm our position on the allegation of miscarriage and subversion of justice levelled against Osun State High Court Judge, Justice Kudirat M. Akano on Suit N0: HED/48/2021 by the human rights body.
“Sir, NJC’s Letter dated 29th day of December 2022, to CHRSJ maintained that the Complaint must comply with the extant NJC Disciplinary Regulations 2017, within six(6) months of action. But the NJC’s Letter dated 29th day of December 2022, had taken over the earlier CHRSJ’s Petition Letter dated June 29th,2022, on the subject matter in lieu”.
Part of the Affidavit of Affirmation reads thus,” 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 selection documents, flagrant disobedience to Court Orders and usage of obsolete, repealed, outdated and revoked registered 1957 Declaration instead of subsisting Registered 1979 Alawo of Awo Chieftaincy Declaration for selection,/election, appointment, approval and subsequent installation of the 1st Defendant (Taiwo Abdulrasaq Adegboye) in HED/48/2021, by declaring the Plaintiff (Prince Adeniyi Alimi Sulaiman) in 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 in HED/48/2021 with traditional rites as new Alawo of Awoland. But, this is the abuse of the Court process as contained in the Ruling of Justice Kudirat M. Akano, which makes the said Ruling to be smelling.
“That Presiding Judge, Justice Kudirat M. Akano, knew that both HOS/63/2021 and HED/48/2021, 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 any litigant should be heard on merit and the Court must ensure substantial of the Suit, not technical justice as contained SC.21/2012 before their Lordships: Francis Tabai, JSC; John Fabiyi, JSC; Sulaiman Galadima, JSC; Nwali Ngwuta, JSC; and Oluwakayode Ariwoola, JSC (now CJN) on Wednesday, February 8th,2012.
“That CHRSJ refers Your Lordship to the recently established case of forgery act against the 2019 Bayelsa Deputy Governor-Elect, Senator Biobarakuma Degi-Eremienyo, where the Supreme Court of Justice invoked the 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 be sworn into office as Governor-Elect and Deputy Governor-Elect respectfully. Referred to Supreme Court of Nigeria in SC:1/2020 on Appeal N0: CA/A/1053/2019 and on PDP &2Ors. V. Biobarakuma Degi-Eremienyo &3Ors.
“That CHRSJ wants the National Judicial Council (NJC) to set up an independent panel of Enquiry to be comprised of unbiased and incorruptible Jurists that would look 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 a half baked proceedings which produced half baked Ruling tagged Jankara and Biased Ruling.
“That the CHRSJ wants the National Judicial Council (NJC) to request 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 convincing pieces of evidence beyond reasonable doubt frontloaded by the Plaintiff, as settled in the case of Akat Nig. Ltd. Vs Unity Bank of Nigeria (2016)LEPLR 40.
“That 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 a Statement of Defence after the Rule of the Court had abolished Demmurer by breaching the right of fair hearing of the Plaintiff in HED/48/2021, as stipulated in section 36(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended). The wise saying of Susy Kassem, an American Philosopher of Egyptian origin that a judicial system is corrupt if the truth is denied the right to be a witness.”
“The CHRSJ believes that it may be long to get justice on the subject matter but the justice would serve one day on this matter where those who perpetrated and benefited in the forgery act and other illegality with their helpers would bring to justice accordingly. The 1st Defendant (Taiwo Abdulrasaq Adegboye) in HED/48/2021, manipulated the process through fraudulent means to outsmart the Plaintiff (Prince Adeniyi Alimi Sulaiman) by becoming an illegal Oba, what type of leader such a person would be?
“But to CHRSJ, it is an aberration and abatement of action by the High Court Judge to be protecting the forgery act of the 1st Defendant as established by the Plaintiff in Suit N0:HED/48/2021- F.C.S.C. V Garba (1986) 2NWLR (Pt.22) 39 SC;
“That CHRSJ is appealing to the leadership of the National Judicial Council (NJC) to assist the human rights organization in investigating Justice Kudirat M. Akano and her Ruling on HED/48/2021, because the said Ruling is pure miscarriage and subversion of justice of highest order which if allow unchecked by the NJC, it may tarnish the hard-earned reputation of nation’s judicial sector and it may also make the citizens lose hope on the judiciary as the last hope of common man by making people result to jungle justice on any matter.”, the Affidavit submitted.
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