Alawo stool: Rights group petitions NJC over alleged miscarriage of justice

Centre for Human Rights and Social Justice (CHRSJ) has petitioned the Chairman of the

National Judicial Council (NJC), over alleged miscarriage of justice by Justice Kudirat M. Akano of the Osun State High Court sitting in Ede in Suit N0: HED/48/2021, between Prince Adeniyi Alimi Sulaiman Vs. Prince Taiwo Abdulrasaq Adegboye and six Others, a ruling which the human rights organization referred to as “bias, jankara, one-sided, and smelling miscarriage of justice.”

The petition dated Wednesday, June 29, 2022, was signed by CHRSJ’s Assistant General Secretary (AGS), Pastor Michael Agaasi, was copied to President Muhammadu Buhari; The Secretary, National Judicial Council (NJC); Attorney-General of the Federation and Minister of Justice; The President Court of Appeal; The Chief Judge Osogbo, Osun State; Alhaji Adegboyega Oyetola, Executive Governor of Osun State; as well as many other civil society organizations, anti-graft agencies, security agencies and the international community.

The petition reads in part: “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 short and also, to save 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,

“It is very unfortunate that some elements who are supposed to protect the sanctity of judicial arm of government do not want 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 biased, jankara, smelling and miscarriage of justice orchestrated by Justice Kudirat M. Akano of the Osun State High Court sitting in Ede in Suit N0: HED/48/2021, between Prince Adeniyi Alimi Sulaiman Vs. Prince Taiwo Abdulrasaq Adegboye & 6 Others 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 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 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 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.

“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 full 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’ cannot stand the test of 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 who approached 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 the subsisting 1979 Alawo of Awo Chieftaincy Declaration for the Selection/Election and subsequent 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?

“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 by all persons and governments are necessary and that is the only way law, order and peace can be maintained.”

CHRSJ consequently demanded that: “The authority of the National Judicial Council (NJC) to set up an independent Panel of Enquiry 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, in HED/48/2021, because this is an half-baked proceedings which produced half-baked Ruling tagged ‘jankara ruling’.

“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 convincing 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.

“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.

“CHRSJ wants NJC to request from Justice Kudirat M. Akano, why she ruled 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.

“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.

“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.

“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 compromise on the part of Justice Kudirat M. Akano in respect of the ‘ruling’ on HED/48/2021.

“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.

“CHRSJ wants NJC to ask Justice Kudirat M Akano why she breached the right to 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.

“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.

“CHRSJ wants NJC to immediately relieve 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.”

In addition, the human rights organization further appealed to the NJC to investigate the ruling and do the needful so that the hard earned reputation of the judiciary may not be defamed, leading to loss of hope for citizens who regard the judiciary as the hope of the common man. The group also called for the outright sack of Justice Akano to serve as deterrents to others.

The petition continues: “CHRSJ therefore calls for outright dismissal of Justice Kudirat M. Akano, from the bench of Osun State so as to serve as deterrents 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.

“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 clear 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 resort 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 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 allowed unchecked by the NJC, may tarnish the hard earned reputation of the judiciary and it may also make citizens to lose hope in the judiciary as the last hope of common man by making people to resort 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 filed 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, 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 before the panel of incorruptible jurists.”