By Nofisat Marindoti
The State of Osun Commissioner for Justice and Attorney General, Dr. Ajibola Basiru has urged a Federal High Court sitting in Abuja presided over by Justice Tsoho to declare as having expired by effluxion of time, orders of injunction granted by the court on 4th of December, 2017 in line with Order 26 rule 12 of the Federal High Court Civil Procedure Rules, 2009.
This is even as the Commissioner said the court could also discharge the orders on the sundry grounds like absence of jurisdiction, absence of real urgency, suppression of material facts and breach of legal right to fair hearing.
Basiru, who appeared along with Hassan Agbelekale State Counsel, Idrees Mikaheel Abiodun State Counsel, Oghenovo Otemu Esq. and Kafayat Abiola Olajide Esq. made these submissions while moving two applications filed by Osun Government who is the 7th Defendant in a case instituted by three individuals challenging the legality of the creation of Local Council Development Areas in Osun.
Arguing the application filed on 29th of December, 2017, the Attorney General stated that the 7th Defendant had filed, 0n 8th December, 2017, an application to discharge the ex parte order granted on 4th December 2017 but that the court did not hear the application within fourteen days as required by the Rules of Court.
He further argued that by express provision of the Rules, the order ex parte have expired by effluxion of time citing several legal authorities. On the contrary, Chief Robert Clarke, SAN, on behalf of the Plaintiffs argued that the orders made on 4th of December, 2017 were on notice and therefore the 14 day rule does not apply.
Basiru also stated that though the court refused reliefs 1 to 5 of their Motion Ex-parte on 27the December, 2017 but that the Court on 4th December, 2017 resuscitated the prayers and granted the relief 1 to 5 earlier refused.
While replying on points of law, Basiru posited that the position of the Learned Silk for the Plaintiffs in fact supported the argument of the State Government that the court was functus officio having refused the interim orders on 27th December, 2017 and went ahead to still grant the same reliefs on the same application.
He also argued that an order to show cause upon the ex parte application of the Plaintiffs formed part of the hearing of the ex parte application and does not convert the application ex parte to one on notice. Furthermore, that the court granted expressly reliefs 1 to 5 of the motion ex parte as interim orders and made same to be contingent on the hearing and determination of the motion on Notice.
Justice Tsoho, having heard the two applications adjourned the matter till 23th day of January, 2018 for ruling.
The State of Osun Attorney General and Commissioner for Justice, Dr. Ajibola Basiru has congratulated the good people of Osun for witnessing another year. He also wished and prayed that 2018 would be a prosperous year for all.
In a statement signed by the state Ministry of Justice Information officer, Opeyemi Bello, the Commissioner appreciated the citizens for supporting the All Progressive Congress administration led by Ogbeni Rauf Aregbesola in the state, also commending the Public and Civil Servants in the State for their perseverance.
Basiru also charged all the stake holders in the State to continue supporting this administration to deliver more dividends of democracy.
He stressed further that the Aregbesola administration has laid good foundation in the State and provided modern infrastructures to make life better for the citizens.
He thereby admonished all residents to continue praying for the success of the Ogbeni Rauf Aregbesola administration.
… advises better party/government synergy
Osun Positive Force, a socio political organisation in the state of Osun congratulates all members of the All Progressives Congress(APC) on the recent appointment of party faithfuls as Board Members and Board Chairmen into Federal Government Agencies and Parastatals.
The Founder and Leader of the Osun Positive Force, Dr. Ajibola Basiru said he is happy that members have been recognized for their dedication and hard work for the success of the party at the 2015 elections and he hopes that the FG will continue to include more members that are qualified from the APC into the Government they all laboured for.
Furthermore, on the discovery that few recently appointed members are already dead and that some have switched allegiance from our great and progressive party after the 2015 elections and compilation of the initial list, OPF advised that the party should not be seen as a strange bedfellow to the government so that these lapses could be avoided in the future with synergy between the central and state party structure on the one hand and the federal Government on the other.
Osun Positive Force wishes everyone a Happy New year 2018 in advance.
The Attorney General and Commissioner for Justice in the State of Osun, Dr Ajibola Basiru has described news of a Federal High Court in Abuja stopping all processes regarding the Local Government Election in the state scheduled to hold on January 27, 2018 as false and malicious.
In a post on his Facebook page on Monday afternoon, the commissioner said several posts that went round the social media earlier today about the issue are malicious and concocted lies.
Basiru said neither the State Independent Electoral Commission OSSIEC nor the Office of the Honourable Attorney General and Commissioner for Justice in the State of Osun was served any court process regarding the LG election.
The Attorney General however urged citizens and residents of the state to disregard the insinuation as the LG election will hold as planned.
Read the full statement below:
Our attention has been drawn to a news circulating to the effect that a Federal High Court in Abuja has stopped all processes regarding the Local Government Election in the State of Osun scheduled to hold on 27th January, 2018.
The Office of the Honourable Attorney General and Commissioner of Justice is not aware of any pending court action regarding the Local Government Election at the Federal High Court in Abuja and no court process has been served on our office.
I have also confirmed that State of Osun Independent Electoral Commission is not aware of any action at the Federal High Court Abuja and has not been served with any court process.
Consequently, we have no basis to believe or give credence to the news which has not been credited to any credible information source.
Dr Surajudeen Ajibola Basiru
Hon Attorney General & Commissioner for Justice,
State of Osun.
Issued in Abuja on 4th December, 2017
By Ishola ‘Layinka
Let me start by congratulating, Mrs Adejare Bello, the new Director of Public Prosecution in the Ministry of Justice, State of Osun on her elevation by Governor Rauf Aregbesola.
Her appointment, though in line with practices at bar where most senior personnel automatically assumed a vacant position as it is enshrined in the Civil Service Rules and Regulations but some political watchers have a different view about this as they claimed that such position is too sensitive to be left in the hands of supposed opposition.
Rather than being unnecessarily emotional, I think Mr Governor should be commended for his courage for professionalism as against usual political patronage witnessing in our society. This is a foretaste of independent posture to allow every organ of government run without any incursion from any quarters.
It is an organ where due process is followed as appointments to positions are sensitive, sacrosanct and affirmative as it is dictated by the procedure of the rule of law. It is, however, unethical to undermine the true tenets of complying with the law and making decisions that are bent on political permutations, settlement and sentiment.
The framers of the rules ensured that the office was independent, so that the holder could not be influenced or pressured by any other person or authority. However, ultimate authority for authorising prosecutions lies with the Attorney General and Commissioner for Justice, since that is a political post, and it is desired to have a non-political (public service) post carry out this function in most circumstances, the prosecutorial powers of the AG are normally delegated to the DPP.
The recent appointment of the wife of a former speaker of Osun Assembly under Peoples Democratic Party PDP administration, Hon Adejare Bello as the new director of public prosecution is not far-fetched. It is purely on merit and promotional cadre standards.
Although the position of the DPP is a sensitive position, it is a position that strictly belongs to the most senior to the cadre in civil service.
Here, the constitution empowers the Governor to appoint the Director of Public Prosecution but in line with the provisions, it must be someone in the line and the public service cadre.
Though the prerogative of the Governor to appoint those perceived to be loyal to the government, the governor decided to appoint the next in line in accordance with the provisions of the Constitution of the Federal Republic of Nigeria.
Then, agitations here and there. Why did Aregbesola refuse to appoint someone who does not come from PDP background? Why did he appoint his enemy’s relations to the coveted post? Will political cases of the ruling party not suffer? Answer to this is No! No! No! The Constitution has to be followed without hindrance. The governor as the number one citizen of the state should show example by following and tolling the dictates of the rule of law.
The appointment of Bello’s wife as DPP is simply in compliance with the promotional rules of the civil service. The Governor only needs to appoint as Constitution demands. As an APC governor appoints a PDP background person as a sensitive officer in the state judiciary, it is customary and bent on professionalism which should be seen as a departure from the old order of favouring unqualified personnel.
To many crucifying Aregbesola for this, they are wrong. First, Mr Governor cannot appoint out of selfishness, he should appoint based on competence and professionalism and not hatred or political bickering.
Appointments are based on merit and competence. The Singular act does not mar the government but scores the ruling APC high. If it were to be in the days of inglorious PDP, they would rather go berserk and toll impunity lane they are known for.
The governor intends with this to reward professionalism, action and follow the procedure. It is therefore pertinent to know that the individual has served the state in many capacities even before the arrival of Governor Aregbesola in 2010. So, her promotion is deserved and not on party lines.
It is on this note, I urge Mrs Bello to justify her appointment by staying clear partisanship in the discharge of her duty and bring her wealth of experience to bear on her new assignment.
Osun A Dara Oooooo