The history of the 29-year-old Osun State is not complete without strategic intervention roles played by the judiciary. From election disputes to other in-house issues, the courts, against all odds, have always ensured the enthronement of the rule of law in the state.
Nigerians, particularly those resident in Osun and neighbouring western states will not forget in a hurry, the Appeal Court’s landmark judgement of Friday, November 26, 2010 which sacked then incumbent, Prince Olagunsoye Oyinlola of the Peoples Democratic Party (PDP) and affirmed Engr. Rauf Aregbesola of then Action Congress of Nigeria (ACN) which later metamorphosed to today’s All Progressives Congress (APC) as duly elected governor of the state.
The judgement came after a three-year legal tussle which began immediately after the Independent National Electoral Commission (INEC) declared Oyinlola winner of the 2007 gubernatorial election in the state. Oyinlola, it should be noted, was on an almost expired second term mandate before the landmark ruling, hence, by the judgement, Osun automatically joined the league of states in Nigeria with exceptional election year.
As if that was not enough, the judiciary equally came to the rescue in the electoral imbroglio that ensued during the September 2018 gubernatorial election that saw a kind of stalemate situation between the PDP candidate, Sen. Ademola Adeleke and the then APC candidate, Gboyega Oyetola who was eventually declared governor.
Adeleke exhausted all the available legal options from the Tribunal to Appeal Court and finally the Supreme Court which eventually validated Oyetola’s election as Osun validly-elected governor on June 15, 2019. The courts as expected, professionally played its role in averting what could have become a major crisis in the state.
Having benefited extensively from the professional prudence of virtually all the cadres of the courts, one would have expected an appreciative Governor Oyetola to graciously guide the courts against any form of political interference, desecration and maladministration as this report later established.
While the outcome of the series of investigations embarked upon by Newsclickng.com on the judiciary in Osun shows that most of the issues predated Governor Oyetola’s tenure which only took effect precisely in November 2018, however, after almost two years in office, the governor is yet to take the bull by the horns to reposition the sector.
Comatose state of critical judicial infrastructures
Like never before, the judicial infrastructures in Osun State are begging for attention. From leaking roofs to faulty or no power generating sets to overgrown bushes, the court premises in Osun has seen it all. While Governor Oyetola can be applauded for recently changing the official cars of judges in the state; a development that last occurred during the Oyinlola days, however, such gesture was yet to be extended to the actual places of legal business, the courts.
Attesting to the poor state of the courts, chairperson of the Ile-Ife branch of NBA, Mrs Temitope Olajolo said: “Our buildings (referring to the courts) need urgent attention especially maintenance. It will also be a welcome development if we can have more judicial divisions and the implication of that is to appoint more judges.”
A popular stakeholder in the state NBA who spoke on condition of anonymity said: “Like in most states, the judiciary is facing serious funding challenges and Osun is no exception. The courts in Osun are in a complete state of disrepair and begging for serious attention. If you move from Osogbo to Ilesha to Ile Ife, what you see are complete eyesore from the court premises to court rooms.”
Speaking on the governor’s recent car gifts to judges in the state, he said: “To an average by-stander, what the governor did deserves applause but to people who truly understand the concept of separation of powers, what he did is highly condemnable because the judiciary as an independent arm of government and should be able to cater for its needs if it was granted financial autonomy. In true context, giving out a car or any form of gift to judges can be viewed as misappropriation of public/state funds or bribery”.
In his own submission on the judicial challenges in the state, Chairman of Ilesa Branch of NBA, Mr. Femi Fafowora said: “The challenges of the judiciary in Osun borders on administration. High cost of filing cases and there are no good courts and facilities. The judges themselves are trying their best.”
Courts renovation hampered by COVID-19 pandemic – Commissioner for Justice
Meanwhile, the Attorney General and Commissioner for Justice in Osun State, Mr. Femi Akande during a phone interview with Newsclickng.com said the renovation of the courts remained a top priority on Governor Oyetola’s to do list in Osun. According to him, the governor had already approved the renovation of some of the courts but the process was hampered by the COVID-19 pandemic which brought everything in the world to a pause. “Now that the economy is picking up and things are gradually returning to normal, the renovation will begin without further delay.” Asked for the specific courts to be renovated, the commissioner said: “We have gone round to identify the courts that need urgent government intervention. I will have to check with the Works Ministry to confirm that. However, I can assure you that the governor has approved the renovation and once the normal bureaucracy is sorted, work will commence immediately,” he said.
Backdoor appointment of inexperienced judges
Newsclickng.com gathered that following some vacancies on the bench of the Justice Foluke Awolalu- led Osun State Customary Court of Appeal, the State’s Judicial Service Commission put up an advertisement in March, 2020, for interested and qualified persons to apply. After receiving applications from interested legal practitioners, the Commission eventually shortlisted the names of five persons, namely: Oladigbolu Abidemi Monday, Fayomi Olutomiwa Samson, Adeoye Monsurat Moradeke (née Ajibade), Ojo Olayinka Muibat and Ayoade Aderemi Adesina.
The five names, checks by this newspaper indicated were forwarded to relevant persons and institutions, including the judges in the state, the Nigerian Bar Association (NBA) in the state, the Department of State Service (DSS), etc, for their comments on the suitability or otherwise of the shortlisted persons. But, without processing the aforementioned five names to completion, the Commission in June 2020 shortlisted two new names whose details were also forwarded to the above-named institutions for their comments as usual. The two new names are Emmanuel Kunle Odebunmi and Lateef Ajani Ibraheem.
However, the addition of these new names sparked intense reactions in some quarters in the state. In addition to being alarmed that the previously shortlisted five persons are about to be abandoned for no particularly justifiable reason, some members of the legal profession in and outside Osun State who confided in Newsclickng.com wondered what parameters were adopted by the Commission to shortlist the name of Mr. Emmanuel Kunle Odebunmi in particular. From the credentials submitted to the Commission by the two newly shortlisted persons, which was sighted by this medium, it was revealed that Mr. Emmanuel Kunle Odebunmi has always been a member of staff of the Nigeria Immigration Service. He was enlisted in the Service in 1987, became a lawyer in 2007 while still a public servant but did not appear before any court as a lawyer or train under any lawyer to be equipped with the rudiments of court practice. He retired from the Service in 2018 after clocking the retirement age of 60.
Concerned members of the public now wonder why the government of Osun State is acting like Father Christmas with the sensitive position of a judge. They argue that if at all the position is to be dashed out, its importance should be considered in ensuring that it does not go to someone who does not possess the relevant experience and practical legal knowledge to administer a court of law, more so, that the fate of the vast majority of the citizens will be placed in his hands for determination. Evidence of the number of judgments an applicant has secured in the course of practising as a lawyer, is always one of the requirements for being qualified to becoming a judge. But in the case of Mr. Emmanuel Kunle Odebunmi, there is no evidence of any single case he has handled as a lawyer, talk less of judgment.
What the law says in appointment of judges
Newsclickng.com gathered from stakeholders that the law precisely states that before a person can be deemed fit to be a judge, he/she must be legally qualified and have at least 10 years’ post-call experience and must have a minimum of six judgements within a space of five years.
Buttressing Newsclickng.com’s findings on the additional names and candidature of Mr. Odebunmi in particular; Chairman of the Ikirun branch of NBA, Mr. T. S. Adegboyega in an interview with Newsclickng.com said: “True, some additional two names were passed to me for comments after the initial five and I believe that is how all other (NBA) branches in Osun State were put on notice to pass their comments. The person you mentioned in particular (referring to Emmanuel Kunle Odebunmi), apart from the age factor which is not to his advantage, he has never been practising as a matter of law and I don’t believe he will be chosen. But if such a person is handpicked, well that is Nigeria for all of us. But I want to say with all sense of duty that his choice, is not the best for us in Osun State. And I believe all other NBA branches will conduct extensive research and be convinced before appending their recommendation or otherwise.”
Another stakeholder opined thus: “You see the law does not argue blindly. It is based on presentable facts and not sentiments as displayed in some quarters concerning some of these candidates. Constitutionally, no law was breached. People cannot be disqualified on grounds that they are close to the authorities when they are eminently qualified for the post in question. It is left for the Chief Judge of the state to critically examine the recommended candidates and pick prerogatively whichever one is deemed most qualified.”
“The issue on ground is that of morality versus legality because what is legally right might not be morally right and vice versa. As far as the law is concerned, the two newly shortlisted candidates are legally qualified. The first was called in 2003, and the other in 2007. So the 10 years post-call experience is there for them. However, what we are challenging is the morality of their qualification and choice at the expense of young, vibrant lawyers who also have what it takes to be a judge,” Mr Abdulrahman Okunade, another NBA stakeholder who spoke in private capacity to Newsclickng.com submitted.
Osun’s unexplainable preference for old candidates
Another intriguing discovery Newsclickng.com unraveled about the government of Osun State is its unexplainable preference for aged and tired people as judges, at a time the justice delivery system is in dire need of overhauling and injection of modern and youthful creativity. Instead of considering its younger and competent population of vibrant lawyers, the state seems to prefer old ages as judges. The same above-mentioned Mr. Emmanuel Kunle Odebunmi for instance, is now 62 years old, having been born in 1958. If appointed as a judge this year, he will be due for retirement in three years time (2020-2023). The implications of this development is that, after retiring from the Nigeria Immigration Service (NIS) in 2018 as an Assistant Comptroller, he will serve as a judge for only three years and then be entitled to huge retirement packages as a retired judge, in a state that is reportedly already near bankruptcy. A similar situation, Newsclickng.com gathered played itself out in 2019, barely a year ago, when the state government appointed the wife of a friend to the Governor, Mrs O. J. Ajanaku as a High Court judge in the state, at the age of 62, and equally without any serious court practice experience.
Many lawyers in the state who confided in Newsclickng.com express their worries at the governor’s nonchalant disposition to the issue of appointments into the state’s legal sectors. They refer to the current Attorney General and Commissioner for Justice, Mr. Femi Akande, as another example. According to the lawyers, the Chief Law Officer of the state was not appointed by the governor because of his legal practice ability for the job but rather because he is a son of an erstwhile Governor of the state and a leader of the ruling party, the All Progressives Congress (APC) Chief Bisi Akande. Reliable sources revealed that the Commissioner did not possess any remarkable legal practice experience before he was given the very sensitive portfolio to manage, as a result of which his presence is reportedly not felt in the Ministry of Justice, in the governor’s cabinet and in the state’s legal circles.
Speaking on this development with Newsclickng.com, chairman of the Ilesha Branch of NBA, Mr. Femi Fafowora reacted thus: “The law is very clear on this. I am a lawyer and what the law says is that anybody above 10 years practice in the bar can be a judge and the appointment ends when such a person is 65 years old. With this law, even a 64 and half years old person qualifies to be a judge. And their appointment is legal. But that is what is affecting us in this part of Nigeria. If you go to the northern part, if five persons apply for this kind of position, they will always go for the youngest most qualified. That way, that person can rise through the ranks and possibly get to the pinnacle of the law profession. But here, you find out that some people will only spend three years on the job and retire to bogus benefits which was their aim of applying in the first place. But like I said, irrespective of how we see it, the law is clear. What we are just worried about and trying to lobby the system for is the consideration of younger judges who still have more active years ahead of them to contribute meaningfully to the justice sector and not the other way round.”
Unadvertised, lopsided appointments
Further investigations by our correspondent also revealed that five magistrates were recently appointed by the state government without any advertisement. Lawyers in the state claim they just woke up one day and saw that five magistrates were being sworn in without anyone knowing the legal practice experience of some of the appointees. Presently too, the state’s Judicial Service Commission has advertised vacancies on the bench of state’s District Customary Courts. Even though many interested lawyers have started to submit applications to the Commission, our investigations revealed that one of the two available slots has been reserved for one of the children of the second most senior judge in the state, who is billed to retire from the state’s judiciary this year (2020). The said judge is the head of the state’s Customary Court of Appeal and Vice Chairman of the state’s Judicial Service Commission. The other slot is said to have also been taken up by another prominent insider, while unsuspecting applicants are busy paying N3, 000 (Three Thousand Naira) each, to obtain the application form.
Absentee, unprofessional Judicial commission members
Special concern is also expressed about the composition of the state’s Judicial Service Commission in particular. Some of the lawyers and non lawyer members on the Commission neither practise or are resident in the state and they hardly attend the meetings of the Commission where most of the decisions now complained about are taken. It is said that Commission members who are lawyers do not know anything about the state of the judiciary and the legal practice in the state, and so may not have any value they can add to the sector’s improvement. More scandalous is the revelation that among the members of the Commission, is a theatre practitioner who does not know anything about the workings of the justice sector, and does not bother to attend any of the Commission’s meetings.
However, when asked about the structure and performance of the state’s Judicial Service Commission so far, chairman of the Ikirun branch of NBA, Mr. T. S. Adegboyega averred: “The JSC in Osun State are carrying out their duties with candour, respect for rule of law and all relevant stakeholders are regularly carried along.”
Shedding more light on the composition of the state JSC, Abdulrahman Okunade who is the NBA Osogbo Branch Chairman said: “The JSC is a creation of the law and the Constitution of the Federal Republic specifically states that there shall be two lawyers and two non-lawyers (appointed by the governor) apart from the three statutory members namely; Chief Judge (Chairman), President of the Customary Court of Appeal (Vice Chairman) and the Attorney General/Commissioner of Justice (Member), making a seven-member commission in all. The constitution also does not directly state that members have to be residents before they can be appointed. However, these appointments again bother on morality. Appointment into the commission is supposed to be merit-based especially because of the sensitivity of the job that the members will be carrying out. Both lawyer and non-lawyer members of the Commission are supposed to be people of integrity and good standing in the society. While the law is silent on their places of residence, however, it is better that they are people who are familiar with the peculiarities of this jurisdiction; who have a first hand feeling of happenings in the state’s justice sector and who would also attend the Commission’s meetings as and when due. The governor recently appointed the seventh member of the Commission who is a resident lawyer in Osun and that is something cheery for us.”
All appointments follow due process – Osun Government
Speaking on the appointment of judges, the Attorney General and Commissioner for Justice, Mr. Femi Akande said: “There is a process to government’s appointment. There is a minimum requirement stating the number of years you must have been at the bar (post call). Only candidates that satisfy these requirements are eventually appointed. More so, the selection process is usually transparent. They write exams and later attend interviews. It maybe that the senior lawyers are better qualified or experienced to have been selected, I don’t know, but one thing is sure. There is no description in the whole process and it can be challenged. Aggrieved candidates can call for a review of the process if they are not satisfied”.
When reached for further clarification, the Commissioner for Information and Civil Orientation, Mrs. Funke Egbemode said the issue was a pure judicial matter and should be left for them to handle. “Thank you my brother but the judiciary is another arm of government. I’d leave this to them,” she said in a response to Newsclickng.com enquiries.
Efforts by Newsclickng.com to reach the state’s Chief Judge, Justice Adepele Ojo for further comments was unsuccessful as calls to her mobile phone were neither answered nor returned.
