Ikeja, Ilesa NBA branches battled Aregbesola in Court

… as judge disagrees with the governor, others on LG
suit

Over 70 lawyers stormed the Osun State High Court 3, Ilesa on
Monday, April 23, 2018 as hearing continued over the alleged
vindictive tax imposed on the human right lawyer and the Nigeria
Bar Association (NBA) Chairman, Ilesa branch, Barrister Kanmi
Ajibola by the state government.

The court room was chock-full that the Presiding Judge, Justice
Kola Adegoke had to order litigants to vacate seats for lawyers as
more chairs were brought from other court rooms to cater for men in
the gown.

Ajibola had gone to court challenging the imposition of over N5
million income tax imposed on him by the state internal revenue as
punitive, claiming that this was done because he was a staunch
critic of the state governor, Mr. Rauf Aregbesola.

He further claimed that the state government was planning to
file a criminal charge against him, a situation that made the court
to grant him interlocutory injunction that he should not be
arrested or victimized in any way by the state government pending
the determination of the case.

While the Attorney-General and Commissioner for Justice, Dr.
Ajibola Basiru led the defence counsel, the Chairman of Ikeja NBA,
Barrister Adesina Ogunlana with about 15 lawyers from Lagos and the
oldest lawyer in Ilesa branch, Bar. Nathaniel Folorunso anchored
the home based lawyers as counsels to Barrister Kanmi Ajibola.

After a long legal brawl on procedures in the handling of the
case, Justice Adegoke counseled that since the matter was becoming
tussles involving the bar associations, the parties should see ways
of amicable settlement to the matter notwithstanding the suit
before him.

However, the Chairman of Ikeja branch of NBA promised the court
that all efforts will be put in place to find amicable solution to
the matter as the court adjourned the case to May 31, 2018 as the
Presiding Judge ordered the parties to report on the said day for
either settlement or continuation of the hearing of the matter.

Meanwhile, in the suit filed against the conduct of the last
January 27 Local Government elections in the state by Barrister
Ajibola, the court has overruled the objection raised by the state
governor and other defendants that the plaintiff cannot orally
withdraw processes he already served.

Dr. Basiru who represented Aregbesola, the immediate past
Attorney-General in the state, Bar. Wale Afolabi who stood in for
the All Progressives Congress (APC) and counsels to the State House
of Assembly and the Osun State Independent Electoral Commission
(OSSIEC) had argued that oral withdrawal of application was
contrary to Order 39, Rules 1 and 2 of the State High Court.

They urged the court to refuse to grant oral application for the
withdrawal and substitution of his originating summons, written
addresses and his affidavits but if such must be done, a written
application must be attached to such.

In his ruling, Justice Adegoke disagreed with the defendants’
counsels and overruled their objections saying they have not shown
enough reasons to support their arguments, while adding that
granting such request will be suicidal to the suit itself as the
plaintiff did not seek to withdrawal all the processes he
filed.

Justice Adegoke thereafter adjourned the case till May 8, 2018
for hearing of the substantive suit and any other amended
applications.

… as judge disagrees with the governor, others on LG
suit

Over 70 lawyers stormed the Osun State High Court 3, Ilesa on
Monday, April 23, 2018 as hearing continued over the alleged
vindictive tax imposed on the human right lawyer and the Nigeria
Bar Association (NBA) Chairman, Ilesa branch, Barrister Kanmi
Ajibola by the state government.

The court room was chock-full that the Presiding Judge, Justice
Kola Adegoke had to order litigants to vacate seats for lawyers as
more chairs were brought from other court rooms to cater for men in
the gown.

Ajibola had gone to court challenging the imposition of over N5
million income tax imposed on him by the state internal revenue as
punitive, claiming that this was done because he was a staunch
critic of the state governor, Mr. Rauf Aregbesola.

He further claimed that the state government was planning to
file a criminal charge against him, a situation that made the court
to grant him interlocutory injunction that he should not be
arrested or victimized in any way by the state government pending
the determination of the case.

While the Attorney-General and Commissioner for Justice, Dr.
Ajibola Basiru led the defence counsel, the Chairman of Ikeja NBA,
Barrister Adesina Ogunlana with about 15 lawyers from Lagos and the
oldest lawyer in Ilesa branch, Bar. Nathaniel Folorunso anchored
the home based lawyers as counsels to Barrister Kanmi Ajibola.

After a long legal brawl on procedures in the handling of the
case, Justice Adegoke counseled that since the matter was becoming
tussles involving the bar associations, the parties should see ways
of amicable settlement to the matter notwithstanding the suit
before him.

However, the Chairman of Ikeja branch of NBA promised the court
that all efforts will be put in place to find amicable solution to
the matter as the court adjourned the case to May 31, 2018 as the
Presiding Judge ordered the parties to report on the said day for
either settlement or continuation of the hearing of the matter.

Meanwhile, in the suit filed against the conduct of the last
January 27 Local Government elections in the state by Barrister
Ajibola, the court has overruled the objection raised by the state
governor and other defendants that the plaintiff cannot orally
withdraw processes he already served.

Dr. Basiru who represented Aregbesola, the immediate past
Attorney-General in the state, Bar. Wale Afolabi who stood in for
the All Progressives Congress (APC) and counsels to the State House
of Assembly and the Osun State Independent Electoral Commission
(OSSIEC) had argued that oral withdrawal of application was
contrary to Order 39, Rules 1 and 2 of the State High Court.

They urged the court to refuse to grant oral application for the
withdrawal and substitution of his originating summons, written
addresses and his affidavits but if such must be done, a written
application must be attached to such.

In his ruling, Justice Adegoke disagreed with the defendants’
counsels and overruled their objections saying they have not shown
enough reasons to support their arguments, while adding that
granting such request will be suicidal to the suit itself as the
plaintiff did not seek to withdrawal all the processes he
filed.

Justice Adegoke thereafter adjourned the case till May 8, 2018
for hearing of the substantive suit and any other amended
applications.