----- Forwarded by Femi Kupoluyi/NG/AFR/TCCC on 30-12-10 02:10 AM -----
| From: | Mobolaji ALUKO <alukome@gmail.com> |
| To: | USAAfrica Dialogue <USAAfricaDialogue@googlegroups.com>, NaijaPolitics e-Group <NaijaPolitics@yahoogroups.com>, naijaintellects <naijaintellects@googlegroups.com>, OmoOdua <OmoOdua@yahoogroups.com>, ekiti ekitigroups <ekitipanupo@yahoogroups.com>, Ekiti peoples voice Ekiti peoples voice <ekitipeoplesvoice@yahoogroups.com> |
| Date: | 29-11-10 11:48 PM |
| Subject: | [EKITIPANUPO] EXPECTED-NEWS: Forgery case against Osun Governor, Rauf Aregbesola struck out in Abuja! |
Dear all:
Duh....
Honestly, if I were Governor, I would have asked that the Feds press on with the case, and I would have waived immunity - and made the prosecutors look silly. How a "secret" document becomes a "forged" document is bizarre.
Bolaji Aluko
Shaking his head
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http://www.elombah.com/index.php?option=com_content&view=article&id=4550:newsflash-forgery-case-against-osun-governor-rauf-aregbesola-struck-out&catid=3:newsflash&Itemid=57
Newsflash!!! Forgery case against Osun Governor, Rauf Aregbesola struck out
The forgery case against the Governor of Osun State, Engineer Rauf Aregbesola, has this morning been struck out by Justice Talba of the High Court of the Federal Capital Territory, Gudu, Abuja. Counsel to the two accused persons, Mr. Kunle Adegoke, brought the application to strike out the case pursuant to section 308 of the
Constitution of the Federal Republic of Nigeria, 1999, which confers immunity from both civil and criminal proceedings on the governor. Adegoke argued that the new status of Engineer Aregbesola enjoys judicial notice and hence the court should invoke section 308 of the Constitution to strike out the case.
The Attorney General of the Federation, represented by Mr. Olatunde, conceded that no proceedings could be continued against Aregbesola but that the court should not strike out the entire case as the state intended to amend the charges to proceed against Mr. Okedara who does not enjoy immunity under the Constitution.
The court, in its ruling, held that the charges and the facts before the court linked the two accused persons in such a way that withdrawing against one in order to proceed against the other is an unnecessary waste of judicial time as the cases against the two are completely interwoven. It further held that at the termination of the tenure of the Governor, the Attorney general could file another application to prefer new charges if it is necessary. The matter was, therefore, struck out.
Recall that Aregbesola was accused of forging a security report to prosecute his case at the election petitions tribunal in Osun State. Therefore, right thinking members of the public wanted to know whether Aregbesola obtained last weeks' favorable court judgement based on forged documents.
Aregbesola also instituted a N20 billion fundamental human rights enforcement suit against the police and the state government after he was accused by the immediate past Inspector-General of Police (IGP), Mike Okiro, of forging a security report to prosecute his case at the election petitions tribunal in Osun State.
On Friday, November 26 2010, Mr Kunle Adegoke, a Solicitor & Advocate of the Supreme Court of Nigeria, had told elombah.com that "the trial of Aregbesola for forgery is nothing but a bogey woven by the PDP to victimize the man further despite the fact that they stole his mandate and used same for m ore than three years. It can only happen in Nigeria and thanks to the judiciary that has put a stop to the entire show of idiocy2.
This followed a note from elombah.com to the learned Solicitor that that "while we are happy that the injustice committed by the PDP has been corrected in Osun State, but those who are truly OSUN DEFENDERS should also watch out, lest the wheels of justice be clogged by the criminal act of forgery.How could you be sure but that the guy that forged documents to win election victory at the courts would also not forge documents to loot the state treasury.
But in his reply, Mr Kunle Adegoke told elombah.com that "It is on record that after all the atrocities perpetrated by Oyinlola and his thugs on April 14, 2007, the police had its report of all that transpired during the election. The question to ask is where is the police report of that day. The Action Congress petitioned the office of the Inspector General of Police to investigate all the killings perpetrated by the PDP on the day of the election but the IG never replied the petition and neither did he order any investigation into the dastardly acts. Twice, petitions were sent to the IG (Sunday Ehindero) but he abdicated his responsibility simply because the culprit, Oyinlola, was a PDP governor.
"The police report was released from the B Department of the office of the Inspector General to the legal team of Aregbesola as there were many sympathizers of the new governor in the police who were alarmed by the wicked atrocities perpetrated by the PDP during the election but could not act due to superior order. Aregbesola did not tender the police report himself. He did not procure the police report which was certified to be a true copy. When the report was tendered before the compromised Naron tribunal, all counsel to Oyinlola, kunle Kalejaiye inclusive, objected to the admissibility of the report on the ostensible ground that it was marked 'secret' and that it ought to enjoy state privilege. The then Attorney General of Osun State, Niyi Owolade, representing the police in the election petition, only maintained that the document was marked 'secret' and therefore was inadmissible in evidence. The tribunal, based on this ground of objection, rejected the document and marked it so.
"As the Court of Appeal presided over by Justice Omage ordered a retrial of the petition on the ground that the Naron Tribunal was heavily compromised and did not do justice in the case as all the documents tendered by the petitioners were rejected by the kangaroo tribunal of Naron. The court of Appeal deprecated Naron and his tribunal for its judgment skewed to favour the PDP. The Court of Appeal held that the tribunal ought to have admitted all the documents tendered by the petitioner as all were certified true copies of public documents and that the ground for rejecting the police report in particular, was unknown to law.
"Out of fear that the police report might help the case of Aregbesola, Oyinlola petitioned the same IG who had neglected to investigate all the atrocities perpetrated by Oyinlola and his henchmen. The IG had barely received Oyinlola's petition when he came out with the finding that the report was forged and that there was no person like Ahmed Mohammed who signed the report in the police. Just a day after receiving Oyinlola's petition, the IG wrote back to Oyinlola disclaiming the police report as forged. Immediately, the police commenced the persecution of Aregbesola. Further revelations showed that Ahmed Mohammed exists in the police for the list of all officers promoted in 2007 contained the name of Ahmed Mohammed of B Department of the office of the Inspector General. Ahmed has not been able to come out since then as he lives under the fear of being exterminated should he act contrary to superior order.
"The next question is what is the nature of evidence lined up against Aregbesola and his lawyer, Olayinka Okedara? The two witnesses prepared by the police are Kunle Kalejaiye and Niyi Owolade. Kunle Kalejaiye is the lawyer to Oyinlola alleged to have been in secret communications with Thomas Naron while the tribunal was sitting. The call logs released by MTN Nigeria Communications Limited makes a complete and irrefutable case against Kalejaiye and Naron. Recently, the NBA released its report indicting Kunle Kalejaiye over the issue. The second witness, Niyi Owolade, was the Attorney General under Oyinlola. Their statements to the police were simply to the effect that Okedara announced that the petitioner intended to call the police officer who prepared the report to come and tender it but failed to have the said police officer in court and that Kola Awodehin SAN tendered the document.
"I can tell the whole world authoritatively that the news report that the police have line up six witnesses against Aregbesola in the forgery case is a product of the imagination of the newspaper that made the report. The case is still at the level of the preliminary objection I filed that the case is an abuse of court process and till today, neither the police nor the Attorney General who took over the case later, has served me with any statement of a new witness. The preliminary objection is what is to be argued on November 29 and the full trial cannot begin on that day contrary to the suggestion raised below by Bolaji Aluko. The report by Compass in the posting below is another manifestation of the desperation displayed by the PDP in the last one month shortly after the Court of Appeal's decision in Fayemi v. Oni which indicated that the decision in Aregbesola's case might go against the PDP. The fake news item was also released in Compass Newspaper after the NBA report indicting Kunle Kalejaiye came out in the papers. It was an attempt to divert the attention of the members of the public and traumatized them further by presenting an impression that the forgery case was actually real.
"Behind all these efforts are Oyinlola who wanted to save his neck at all costs and Iyiola Omisore who wanted to be governor of Osun State by all means. Omisore knew that the only impediment to his governorship ambition is Aregbesola and no one else as he was to be the PDP's candidate in the 2011 election which is no longer possible now.
"I want all not to be deceived. The credentials of Aregbesola right now elevate him above the likes of Oyinlola and the statement in one of the postings below that Aregbesola is as bad as Oyinlola is unfortunate. As Commissioner for Works in Lagos State under Tinubu, all the roads constructed by Aregbesola since 2002 - 2003 are still there solid. Go and see Kudirat Abiola Road in Oregun, Ikeja, and Obafemi Awolowo Road in Ikoyi and many others. The road recently commissioned by Fashola linking Okota with Itire was said to be the brain product of Aregbesola. Fashola himself said so at the commissioning event. How then do you compare Aregbesola to Oyinlola, Mr. No Bitumen who ruled Lagos for years without any achievement and again displayed his failure in Osun State for another seven and a half years? Go to Osun State and you would see the heavy failure Oyinlola made of the State.
"Time will further show the difference between Aregbesola and the perpetual failure, Oyinlola. Just wait and see".
Earlier, Kunle Adegoke had informed Elombah.com that due to the claims of Oyinlola that the police report was forged and the subsequent prosecution in Abuja, Aregbesola did not use the police report in the retrial of his petition before Garba tribunal. The police report was dropped by us to show that the evidence before the court was more than enough to prove that Aregbesola won the election in 2007. The decision of the Court of Appeal yesterday was not based on any police report as it did not feature at all in the entire case.
The learned Solicitor added; "Please note further that the judgment of the Court of Appeal yesterday was based on the oral and documentary evidence led across the ten local governments where Oyinlola alone had more votes than the remaining twenty local governments combined. The police report was not part of the documentary evidence".
www.elombah.com
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