An Osun State High Court sitting in Osogbo on Thursday, January 26, 2017 ruled that the state governor, Mr. Rauf Aregbesola be put on notice in a suit seeking him to produce details of funds released by the state government to the state judiciary.
Justice Kudirat Akano who agreed that the applicant, Barrister Kanmi Ajibola has the right under the Freedom of Information Act and the 1999 Constitution however refused to grant the order of mandamus sought for to compel the governor to produce details of funds released to the state judiciary since 2010.
But in her ruling, Justice Akano informed Ajibola who was represented by Barrister Samuel Echeonwu that she came to a conclusion that the defendant has the right to be put on notice, “I therefore urge you to file your motion on notice”.
According to Ajibola who had sought five reliefs, explained that on a special demand, the state judiciary deserved a financial autonomy, except if the governor deliberately “defunds it to have the dictate of justice in any matter the Osun State Government has interest in”.
However, Barrister Ajibola described the ruling as kangaroo saying it departs totally from the stipulation of the law, saying he will appeal the ruling.
“The decision of his lordship, Hon. Justice Kudirat Akano, this morning was a kangaroo ruling, in that, it totally departed from the position of all known laws in respect of the subject matter.
“Order 40 Rule Rule 3 of the Osun State High Court Amended (Civil Procedure) Rules 2008 is to the effect that, an application for a judicial review , { as in this case, mandamus }, an ex parte application shall be made to court for the purpose of securing leave, not by motion on notice as directed by the court this morning.
“In the case of Akanbi vs. Alao (1989) LPELR-SC. 117/1987, the Supreme Court has held that, the Rules of Court has a constitutional force. In effect, the ruling of the court on this issue is against the constitution of the Federal Republic of Nigeria.
“I am filling an appeal against this ruling immediately because of time factors, that Aregbesola might not go free unchallenged on all his unconstitutional evil deeds”.
He added that the ruling clearly established his fear that it would be difficult to get justice in the state judiciary if this arm of government still depends on the executive arms for its funding.
