The Osun State High Court sitting in Ilesa on Wednesday, March
28, 2018 barred the Osun State government and its agents from
arresting, persecuting or prosecuting the Nigeria Bar Association
(NBA) Chairman, Ilesa branch, Barrister Kanmi Ajibola.
Members of the NBA, Ilesa branch had approached the court asking
for an ex-parte order restraining Governor Rauf Aregbesola and the
state agents from victimizing Ajibola over the issue of tax or any
other related matter pending the determination of suit filed
challenging the constitutionality of the State Tax Law.
Leading other 32 lawyers, Barrister Nathaniel Folorunso argued
that granting the injunctive application should be considered
necessary based on the situation at hand with the affidavits and
exhibits attached to it.
In his 43 page affidavits, Ajibola, a human right activist
claimed that the Governor has vindictively, speculatively imposed a
heavy tax of over N5.3 million on him and that in January 2018
alone, he was issued a bill of N577,000 as tax, saying “the
imposition of which is unprecedented to any person or persons in my
class and cadre”.
He said most of his cases were being handled pro-bono and he had
to engage in farming to support himself and in caring for his
family.
According to him, the Governor “is too embittered by
some of the cases I have against him, among which are:
“Kanmi Ajibola vs. The Governor of Osun State: Suit No.
HOS/M.89/2016 praying the Court for: the financial independence of
the judiciary to guide against the executive influence on the
judiciary.
“Kanmi Ajibola vs. The Governor of Osun State & 2 Ors. :
Suit No. HIL/M.47/2016 verdict: State of Osun as re named by the
Osun State Governor was declared unconstitutional.
“Kanmi Ajibola vs. The Governor of Osun State: Suit No.
HOS/M.30/2016 praying the Court for: Account on the loans taken by
the Governor of Osun State and what the money are expended on.
“Kanmi Ajibola vs. The Governor of Osun State: Suit No.
HOS/46/2016 praying the Court for: An order stopping the Osun State
Governor from sacking 678 staffers of the Ladoke Akintola
University of Technology Teaching Hospital .
“For the above referred cases and some others that are still
pending in various Courts, the Governor of Osun State has decided
to brutally deal with me”, he stated
He added that, “On the 5th day of March 2018, I got a security
hint that the governor of Osun State wants to kill me, by directing
his Attorney General & Commissioner for Justice to bring a
trumped-up charge against me, through which I will be sent to the
prison and through a contact networking, to have my food poisoned
in the prison.
“In the alternative to get me poisoned in the prison, the
governor of Osun State is planning to assassinate me through his
agents in June 2018 or at any other time convenient to him”.
He told the court that this immediately prompted him to report
this threat to my life to the NBA, Ilesa Branch.
Delivering ruling his ruling, Justice Kola Adegoke ordered the
governor any of his officials from victimizing, persecuting,
causing the arrest, arraignment, prosecution of Ajibola in his
court or any other court, on a tax or other related matters pending
the hearing and determination of a substantive case before him.
Justice Adegoke ordered that all necessary papers be served to
the defendant as he thereafter adjourned the matter to April 16 for
further hearing.
Meanwhile the NBA, Ilesa Branch has petitioned the Inspector
General of Police IGP, the Director-General of State Security
Service (SSS) and the NBA at the national level over the alleged
threat to life of Barrister Ajibola.
The lawyers stated that based on the information through a Press
Conference held recently by a Cleric and Human Right Crusader,
Bishop Seun Adeoye and the information presented by Ajibola to
them, they can no longer keep quiet over the matter.
In the petition signed by NBA, Ilesa Branch Secretary, Bar.
Olayinka Sokoya, the association urged that the petition be treated
with utmost diligence and swiftness “as we do not wish to wait
until the threat is carried out”.
The Osun State High Court sitting in Ilesa on Wednesday, March
28, 2018 barred the Osun State government and its agents from
arresting, persecuting or prosecuting the Nigeria Bar Association
(NBA) Chairman, Ilesa branch, Barrister Kanmi Ajibola.
Members of the NBA, Ilesa branch had approached the court asking
for an ex-parte order restraining Governor Rauf Aregbesola and the
state agents from victimizing Ajibola over the issue of tax or any
other related matter pending the determination of suit filed
challenging the constitutionality of the State Tax Law.
Leading other 32 lawyers, Barrister Nathaniel Folorunso argued
that granting the injunctive application should be considered
necessary based on the situation at hand with the affidavits and
exhibits attached to it.
In his 43 page affidavits, Ajibola, a human right activist
claimed that the Governor has vindictively, speculatively imposed a
heavy tax of over N5.3 million on him and that in January 2018
alone, he was issued a bill of N577,000 as tax, saying “the
imposition of which is unprecedented to any person or persons in my
class and cadre”.
He said most of his cases were being handled pro-bono and he had
to engage in farming to support himself and in caring for his
family.
According to him, the Governor “is too embittered by
some of the cases I have against him, among which are:
“Kanmi Ajibola vs. The Governor of Osun State: Suit No.
HOS/M.89/2016 praying the Court for: the financial independence of
the judiciary to guide against the executive influence on the
judiciary.
“Kanmi Ajibola vs. The Governor of Osun State & 2 Ors. :
Suit No. HIL/M.47/2016 verdict: State of Osun as re named by the
Osun State Governor was declared unconstitutional.
“Kanmi Ajibola vs. The Governor of Osun State: Suit No.
HOS/M.30/2016 praying the Court for: Account on the loans taken by
the Governor of Osun State and what the money are expended on.
“Kanmi Ajibola vs. The Governor of Osun State: Suit No.
HOS/46/2016 praying the Court for: An order stopping the Osun State
Governor from sacking 678 staffers of the Ladoke Akintola
University of Technology Teaching Hospital .
“For the above referred cases and some others that are still
pending in various Courts, the Governor of Osun State has decided
to brutally deal with me”, he stated
He added that, “On the 5th day of March 2018, I got a security
hint that the governor of Osun State wants to kill me, by directing
his Attorney General & Commissioner for Justice to bring a
trumped-up charge against me, through which I will be sent to the
prison and through a contact networking, to have my food poisoned
in the prison.
“In the alternative to get me poisoned in the prison, the
governor of Osun State is planning to assassinate me through his
agents in June 2018 or at any other time convenient to him”.
He told the court that this immediately prompted him to report
this threat to my life to the NBA, Ilesa Branch.
Delivering ruling his ruling, Justice Kola Adegoke ordered the
governor any of his officials from victimizing, persecuting,
causing the arrest, arraignment, prosecution of Ajibola in his
court or any other court, on a tax or other related matters pending
the hearing and determination of a substantive case before him.
Justice Adegoke ordered that all necessary papers be served to
the defendant as he thereafter adjourned the matter to April 16 for
further hearing.
Meanwhile the NBA, Ilesa Branch has petitioned the Inspector
General of Police IGP, the Director-General of State Security
Service (SSS) and the NBA at the national level over the alleged
threat to life of Barrister Ajibola.
The lawyers stated that based on the information through a Press
Conference held recently by a Cleric and Human Right Crusader,
Bishop Seun Adeoye and the information presented by Ajibola to
them, they can no longer keep quiet over the matter.
In the petition signed by NBA, Ilesa Branch Secretary, Bar.
Olayinka Sokoya, the association urged that the petition be treated
with utmost diligence and swiftness “as we do not wish to wait
until the threat is carried out”.
Read more https://nairalaw.com/court-bars-osun-govt-from-arresting-prosecuting-nba-chairman/