A Federal High Court sitting in Abuja has
granted leave to Egalitarian Mission for Africa, a Civil Society
Organisation to summoned The Speaker of Osun State House of Assembly
and the Personal Physician to the Governor of Osun State, Ogbeni Rauf Aregbesola.
Honourable Justice B. B. Aliyu of Court 6,
Federal High Court, Abuja granted the order after listening to the argument
of Chief Kayode Ajulo, Esq. counsel to the Plaintiff.
Egalitarian Mission for Africa has dragged the
Personal Physician to the Osun State Governor, Ogbeni Rauf Aregbesola, the
Speaker of Osun State House of Assembly, The Attorney General of
Federation, Inspector General of Police as well as Director General of
State Security Services to the Federal High Court, Abuja over the mental medical
examination of the Osun State Governor, Ogbeni Rauf Aregbesola.
In an Originating Summons of suit No.
FHC/ABJ/CS/309/2012 the Plaintiff is praying for the followings:
1) A DECLARATION that having regard to the
combined provisions of Sections 176, 189, 193 of the Constitution
of the Federal Republic of Nigeria 1999 (AS AMENDED), Section 104 of the
Evidence Act, 2011, Section 2 (1), (2) and 16 (3) of the Freedom of
Information Act 2011 or any other enabling laws whatsoever, and the
circumstances of the documentary evidence annexed thereto, which suggest
the medical unfitness of the Governor of Osun State, His Excellency Rauf
Adesoji Aregbesola, the Plaintiff is entitled as of right to request
for or gain access to information for the purpose of determining state of
health of the Governor of Osun State, His Excellency Rauf Adesoji
Aregbesola from the 2nd Defendant.
2) A DECLARATION that having
regard to the combined provisions of Sections 176, 189, 193 of
the Constitution of the Federal Republic of Nigeria 1999 (AS AMENDED),
Section 104, 167 (d.) of the Evidence Act, 2011, Section 2 (1), (2) and 16
(3) of the Freedom of Information Act 2011 or any other enabling laws
whatsoever, and the circumstances of the documentary evidence annexed
thereto, which suggest the medical unfitness of the Governor of Osun State, His
Excellency, Rauf Adesoji Aregbesola, the 2nd Defendant
is required to present upon request the Medical Reports of the Governor of
Osun State, His Excellency, Rauf Adesoji Aregbesola.
3) A DECLARATION having regard to the combined
provisions of Sections176, 189, 193 of the Constitution of the Federal
Republic of Nigeria 1999 (AS AMENDED), Section 104, 167 (d.) of the
Evidence Act, 2011, Section 2 (1), (2) and 16 (3) of the Freedom of Information
Act 2011 or any other enabling laws whatsoever, and the circumstances of
the documentary evidence annexed thereto, which suggest the medical
unfitness of the Governor of Osun State, His Excellency, Rauf
Adesoji Aregbesola, the withholding of the requested Medical Reports of the
Governor of Osun State, His Excellency, Rauf Adesoji Aregbesola by 2nd Defendant
is an admission of the Plaintiff’s suspicion of insanity of the Governor of
Osun State, His Excellency, Rauf Adesoji Aregbesola.
4) AN ORDER mandating the 1st Defendant
to invoke Section 189(4) of the Constitution of the Federal Republic of
Nigeria 1999 (AS AMENDED) and set up a medical panel forthwith to subject
the Governor of Osun State, His Excellency, Rauf Adesoji
Aregbesola to a medical test of mental nature.
5) AN ORDER mandating the 2nd Defendant
to make available to the Plaintiff and any other person or group and/or
medical panel for the purpose of determining and investigating the Governor
of Osun State’s state of health.
6) A DECLARATION that the 4th, 5th Defendants,
and their agents, privies, officers, personnel and whatsoever called who
are in sole responsibility of the Governor of Osun State, His
Excellency, Rauf Adesoji Aregbesola’s security should allow the
medical panel to examine the Governor of Osun State, His Excellency, Rauf
Adesoji Aregbesola.
The Originating Summons is supported with 48
paragraphs Affidavit deposed to by Babs Akinwumi, Esq. a Legal Practitioner
and the Country Director of the Plaintiff, also attached are six (6)
Exhibits;
Among the exhibit are two letter in which the
Plaintiff requested for the medical reports of the Governor due to what the
Plaintiff called the erratic and misguided utterance of the governor
against the President, Vice President, a colleague governor and his
outburst at National Economic Council, Aso Villa, the Plaintiff as a
demonstration also attached as exhibit President Barrack Obama’s Medical
Reports.
The Plaintiff contends in the suit that in
pursuant to her aims and
objectives and due to the apparent concerns and anxiety over the mental
state of health of the Governor of Osun State, His Excellency, Rauf Adesoji
Aregbesola, wrote a letter dated 16th March, 2012 to 2nd Defendant,
the Personal Physician of the Governor of Osun State to produce the Medical
Report of the Governor.
The Plaintiff further avers that despite the
receipt of the letter by 2nd Defendant, but there was no
response to the letter and consequent upon the Personal Physician’s refusal
and an obvious concealment of medical history and reports of the Governor,
the Plaintiff again wrote another letter to the 1st Defendant, the Speaker
Osun State House of Assembly asking the Speaker to set up a panel of
medical experts to verify and ascertain whether or not the Governor of Osun
State is mentally sound.
The Plaintiff therefore argued that the
provision of Section 182 and 189 of the 1999 Constitution have made it
imperative that the Governor’s medical situation must be ascertained and
the court to compel the speaker to set up Medical Panel to do the medical
examination on the Governor.
Due to the court vacation the hearing of the
case has been fixed for 25th September 2012.
Below
is the Court Processes soft copy:
IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT
NO:___________
BETWEEN
INCORPORATED
TRUSTEE OF } PLAINTIFF
EGALITARIAN
MISSION FOR AFRICA
AND
1. THE SPEAKER OF THE HOUSE OF
ASSEMBLY OF OSUN STATE
2. THE PERSONAL PHYSICIAN TO THE
GOVERNOR OF OSUN
STATE - } DEFENDANTS
3. THE ATTORNEY GENERAL OF THE
FEDERATION
4. THE INSPECTOR GENERAL OF
POLICE
5. THE DIRECTOR GENERAL, STATE
SECURITY SERVICES
ORIGINATING SUMMONS
LET THE SPEAKER OF THE HOUSE OF ASSEMBLY OF
OSUN STATE, THE PERSONAL PHYSICIAN TO THE GOVERNOR OF OSUN, THE ATTORNEY
GENERAL OF THE FEDERATION, THE INSPECTOR GENERAL OF POLICE, & THE
DIRECTOR GENERAL, STATE SECURITY SERVICES all of the above addresses, within
30 (Thirty) days after service of this Summons on them, inclusive
of the day of such service cause an appearance to be entered for them to
this Summons, which is issued upon the application of THE
INCORPORATED TRUSTEES OF EGALITARIAN MISSION FOR AFRICA of No. 19,
Kumasi Crescent, Wuse II, Abuja-FCT for the determination of the following
questions:
1. WHETHER having regard to the combined
provisions of Sections176, 189, 193 of the Constitution of the Federal
Republic of Nigeria 1999 (AS AMENDED), Section 104 of the Evidence Act,
2011, Section 2 (1), (2) and 16 (3) of the Freedom of Information Act 2011
or any other enabling laws whatsoever, and the circumstances of the documentary
evidence annexed thereto, which suggest the medical unfitness of the
Governor of Osun State, His Excellency Rauf Adesoji Aregbesola, the
Plaintiff is entitled as of right to request for or gain access to
information for the purpose of determining state of health of the Governor
of Osun State, His Excellency Rauf Adesoji Aregbesola from the 2nd Defendant.
2. WHETHER having regard to the combined
provisions of Sections176, 189, 193 of the Constitution of the Federal
Republic of Nigeria 1999 (AS AMENDED), Section 104 of the Evidence Act,
2011, Section 2 (1), (2) and 16 (3) of the Freedom of Information Act 2011
or any other enabling laws whatsoever, and the circumstances of the
documentary evidence annexed thereto, which suggest the medical unfitness
of the Governor of Osun State, His Excellency Rauf Adesoji
Aregbesola, the 2nd Defendant is required to present upon
request the Medical Reports of the Governor of Osun State, His
Excellency Rauf Adesoji Aregbesola.
3. WHETHER having regard to the combined
provisions of Sections176, 189, 193 of the Constitution of the Federal
Republic of Nigeria 1999 (AS AMENDED), Section 104, 167 (d.) of the
Evidence Act, 2011, Section 2 (1), (2) and 16 (3) of the Freedom of
Information Act 2011 or any other enabling laws whatsoever, and the
circumstances of the documentary evidence annexed thereto, the
Plaintiffs/Applicants are entitled as of right to request for or gain
access to information which is in the custody or possession of any public official,
agency or institution and the withholding of the requested Medical
Reports of the Governor of Osun State, His Excellency Rauf
Adesoji Aregbesola by 2nd Defendant is not an admission of
the Plaintiff’s suspicion of insanity of the Governor of Osun State, His
Excellency Rauf Adesoji Aregbesola.
4. WHETHER having regard to the combined
provisions of Sections176, 189, 193 of the Constitution of the Federal
Republic of Nigeria 1999 (AS AMENDED), Section 104, 167 (d.) of the
Evidence Act, 2011, Section 2 (1), (2) and 16 (3) of the Freedom of
Information Act 2011 or any other enabling laws whatsoever, and the
circumstances of the documentary evidence annexed thereto, which suggest
the medical unfitness of the Governor of Osun State, His Excellency Rauf
Adesoji Aregbesola, the 2nd Defendant should be mandated to
invoke Section 189(4) of the Constitution of the Federal Republic of
Nigeria 1999 (AS AMENDED) and set up a medical panel to subject the
Governor of Osun State, His Excellency Rauf Adesoji Aregbesola to
a medical test of mental nature.
5. If questions 1& 4 are
answered in favour of the Plaintiff,WHETHER having regard to the
combined provisions of Sections 176, 189, 193 of the Constitution
of the Federal Republic of Nigeria 1999 (AS AMENDED), Section 104, 167 (d.)
of the Evidence Act, 2011, Section 2 (1), (2) and 16 (3) of the Freedom of
Information Act 2011 or any other enabling laws whatsoever, and the
circumstances of the documentary evidence annexed thereto, which suggest
the medical unfitness of the Governor of Osun State, His Excellency Rauf
Adesoji Aregbesola, the 2nd Defendant should be mandated to
invoke Section 189(4) of the 1999 Constitution and set up a medical panel
to subject the Governor of Osun State, His Excellency Rauf
Adesoji Aregbesola to a medical test of mental nature.
6. WHETHER having regard to the combined
provisions of Sections176, 189, 193 of the Constitution of the Federal
Republic of Nigeria 1999 (AS AMENDED), Section 104, 167 (d.) of the
Evidence Act, 2011, Section 2 (1), (2) and 16 (3) of the Freedom of
Information Act 2011 or any other enabling laws whatsoever, and the
circumstances of the documentary evidence annexed thereto, which suggest
the medical unfitness of the Governor of Osun State, His Excellency, Rauf
Adesoji Aregbesola, the 4th, 5th Defendants, and
their agents, privies, officers, personnel and whatsoever called who
are in sole responsibility of the Governor of Osun State, His
Excellency, Rauf Adesoji Aregbesola’s security should allow the
medical panel to examine the Governor of Osun State, His Excellency, Rauf
Adesoji Aregbesola.
AND
THE PLAINTIFF CLAIMS IN CONSEQUENCE THE FOLLOWING RELIEFS:
7) A DECLARATION that having regard to the
combined provisions of Sections 176, 189, 193 of the Constitution
of the Federal Republic of Nigeria 1999 (AS AMENDED), Section 104 of the
Evidence Act, 2011, Section 2 (1), (2) and 16 (3) of the Freedom of
Information Act 2011 or any other enabling laws whatsoever, and the
circumstances of the documentary evidence annexed thereto, which suggest
the medical unfitness of the Governor of Osun State, His Excellency Rauf
Adesoji Aregbesola, the Plaintiff is entitled as of right to request
for or gain access to information for the purpose of determining state of
health of the Governor of Osun State, His Excellency Rauf Adesoji
Aregbesola from the 2nd Defendant.
8) A DECLARATION that having
regard to the combined provisions of Sections 176, 189, 193 of
the Constitution of the Federal Republic of Nigeria 1999 (AS AMENDED),
Section 104, 167 (d.) of the Evidence Act, 2011, Section 2 (1), (2) and 16
(3) of the Freedom of Information Act 2011 or any other enabling laws
whatsoever, and the circumstances of the documentary evidence annexed
thereto, which suggest the medical unfitness of the Governor of Osun State, His
Excellency, Rauf Adesoji Aregbesola, the 2nd Defendant
is required to present upon request the Medical Reports of the Governor of
Osun State, His Excellency, Rauf Adesoji Aregbesola.
9) A DECLARATION having regard to the combined
provisions of Sections 176, 189, 193 of the Constitution of the
Federal Republic of Nigeria 1999 (AS AMENDED), Section 104, 167 (d.) of the
Evidence Act, 2011, Section 2 (1), (2) and 16 (3) of the Freedom of
Information Act 2011 or any other enabling laws whatsoever, and the
circumstances of the documentary evidence annexed thereto, which suggest
the medical unfitness of the Governor of Osun State, His Excellency, Rauf
Adesoji Aregbesola, the withholding of the requested Medical Reports of the
Governor of Osun State, His Excellency, Rauf Adesoji Aregbesola by 2nd Defendant
is an admission of the Plaintiff’s suspicion of insanity of the Governor of
Osun State, His Excellency, Rauf Adesoji Aregbesola.
10) AN ORDER mandating the 1st Defendant
to invoke Section 189(4) of the Constitution of the Federal Republic of
Nigeria 1999 (AS AMENDED) and set up a medical panel forthwith to subject
the Governor of Osun State, His Excellency, Rauf Adesoji
Aregbesola to a medical test of mental nature.
11) AN ORDER mandating the 2nd Defendant
to make available to the Plaintiff and any other person or group and/or
medical panel for the purpose of determining and investigating the Governor
of Osun State’s state of health.
12) A DECLARATION that the 4th, 5th Defendants,
and their agents, privies, officers, personnel and whatsoever called who
are in sole responsibility of the Governor of Osun State, His
Excellency, Rauf Adesoji Aregbesola’s security should allow the
medical panel to examine the Governor of Osun State, His Excellency, Rauf
Adesoji Aregbesola.
13) AND FOR SUCH FURTHER OR OTHER
ORDERS as
this Honourable Court may deem fit and just to make in the circumstance of
this case.
Dated _____ day of ______________ 2012
BY ORDER OF THE COURT
______________________
JUDGE
The
Originating Summons was taken out by Olukayode Ajulo Esq, Zakir BABAH,
ESQ., Oludotun SOWEMIMO, ESQ., Shaibu JIBRIN, ESQ., Abimbola AWOLOLA
(MISS), Uzoamaka ONONIWU (MISS) of Messrs Kayode Ajulo & Co.
Castle of Law, Legal Practitioners, whose address for service is
No 19, Kumasi Crescent, Aminu Kano, Wuse II, Nigeria.chambers@kayodeajulo.org and
acting as Legal Practitioners for the above named Plaintiffs.
The
Defendants may appear hereto by entering appearance personally or by a
legal practitioner either by handling in the appropriate forms duly
completed at the Registry of the High Court of FCT, Abuja or by sending them
to that office by post.
Note: This
Summons is to be served within twelve (12) calendar months, from the date
hereof or if renewed, within six (6) calendar months from the date of the
last renewal, including the day of such date, and not afterwards.
DATED THIS _____ DAY OF ________ 2012.
Olukayode AJULO, ESQ.,
Zakir BABAH, ESQ.,
Oludotun SOWEMIMO, ESQ.,
Shaibu JIBRIN, ESQ.
Abimbola AWOLOLA (MISS)
Uzoamaka ONONIWU (MISS)
KAYODE AJULO & CO. CASTLE OF LAW®
(Counsel to the Plaintiff)
19, Kumasi Crescent, Wuse II
Abuja- NIGERIA.
Tel.: +234 (0) 803
315 4349
+234 (0) 803 596 3634
For
service on:
1. 1st Defendant
Hon. Speaker’s Office
House of Assembly Complex
Oshogbo, Osun State.
2. 2nd Defendant
The
Personal Physician to
The
Governor of Osun State
Osun
State Government House Clinic
Okefia-Oshogbo,
Osun State.
3. 3rd Defendant
Office
of The Attorney General of the Federation
Federal
Ministry of Justice, Abuja
4. 4nd Defendant
Office of the Inspector General,
Louis Edet House,
Maitama,
Abuja-FCT
5. 5th Defendant
The
Director General Office,
State
Security Service Headquarters,
Abuja
IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT
NO:___________
BETWEEN
INCORPORATED
TRUSTEE OF } PLAINTIFF
EGALITARIAN
MISSION FOR AFRICA
AND
1. THE SPEAKER OF THE HOUSE OF
ASSEMBLY OF OSUN STATE
2. THE PERSONAL PHYSICIAN TO THE
GOVERNOR OF OSUN
STATE - } DEFENDANTS
3. THE ATTORNEY GENERAL OF THE
FEDERATION
4. THE INSPECTOR GENERAL OF
POLICE
5. THE DIRECTOR GENERAL, STATE
SECURITY SERVICES
AFFIDAVIT IN SUPPORT OF THE
ORIGINATING SUMMONS
I, BABS
AKINWUNMI, Male, Christian, Nigerian, a Legal Practitioner and the
Country Director of Egalitarian Mission for Africa of No. 19, Kumasi
Crescent, Wuse II, Abuja doth hereby make oaths and states as follows:
1. That I am one of the
Executives and Country Director of the Plaintiff in Nigeria with personal
knowledge of the facts deposed to in this affidavit.
2. That I have the authority of
the Plaintiff to depose to this affidavit.
3. That by virtue of my position
and the fact stated in paragraph 1 thereof, I am conversant with the facts
of this case and with the facts deposed to herein, except stated.
4. That the Plaintiff is at all
material time a Non-Governmental Organization and a well known Civil
Society Organization operating in some African countries.
5. That the Plaintiff is established
in Nigeria and incorporated under Part C of the Companies and Allied
Matters Decree, 1990, with Registration No. CAC/IT/NO 48017.
6. That the Plaintiff seeks to
encourage human rights, transparency and accountability in both private and
public sectors as part of following aims and objectives:
i. Promoting the principles of
equality, law and human rights of the people of Africa.
ii. To promote adherence to the
rule of law and all the tenets of democracy.
iii. To promote peaceful
co-existence among Africans.
iv. To encourage integration of
ideas and synergy among Africans for progressive Africa.
v. To promote democratic tenets
in African Nations.
vi. To present advocacy platform
towards the actualization of people oriented projects in Africa.
vii. To defend and promote
Africans Fundamental rights.
viii. To liaise with other groups
and government institutions as well as individuals towards the
actualization of the above goals.
7. That the Certified True Copy
of the Constitution of the Plaintiff has been reproduced, identified by me
and is hereby attached as EXHIBIT EMA 1.
8. The 1st Defendant
is the head, presiding officer and one of the members of House of Assembly
of Osun State who is elected by the members of the House from among
themselves.
9. The 1st Defendant
among other functions is obliged to appoint five medical practitioners to
constitute a medical panel to conduct a medical examination on the person
of the Governor of Osun State, whenever the needs arise.
10. That the 2nd Defendant
is the official doctor of the Governor of Osun State, His Excellency, Rauf
Adesoji Aregbesola, with full knowledge and in custody of the medical
history and documents of the Governor.
11. That the 2nd Defendant
is to be appointed as one of the members of the Medical Panel referred to
in paragraph 9 above in the event of its composition by the 1st Defendant.
12. That the 3rd Defendant
is the Chief Law Officer of the Federal Republic of Nigeria and is
responsible for maintenance of sanctity of the provisions of the
Constitution and any other law in force in the Federation.
13. That the 4th Defendant
is the head of Nigerian Police Force, whose responsibilities includes the
maintenance of law and order as well as in overall command and supervision
of personnel that provide security, protection and defence of the Governor
of Osun State.
14. That the 5th Defendant
is also the head of State Security Service, whose responsibilities includes
overall supervision and provision of special and secret personnel that
provide security, protection and defence of the Governor of Osun State.
15. That I know as a fact that
there has been a lot of reports which has created grave anxiety over the
state of health of the Governor of Osun State, His Excellency, Rauf
Aregbesola.
16. That there are lots of
reported instances that suggested that the Governor of Osun State, His
Excellency, Rauf Aregbesola is unwell.
17. That on the 23rd day
of June 2011, among other several reports, I read in the Vanguard Newspaper
a report which I verily believe to be true, that all is not well with the
state of health of the Governor of Osun State, His Excellency, Rauf Adesoji
Aregbesola.
18. That also on 12th day
of September 2011, also among other several publications, I read in the Sun
Newspaper a report, which I verily believe to be true that the Governor of
Osun State, His Excellency, Rauf Aregbesola has proceeded to India for a
Medical Checkup.
19. That in the pursuit of her
mandate and pursuant to the right of access to information guaranteed by
the Freedom of Information Act 2011 and other enabling law in Nigeria, the
Plaintiff through her, Executive Director, Kayode Ajulo, ESQ. by letter dated
16thMarch 2012, requested the 2nd Defendant to
provide her with up to date Medical Report and information of the Governor
of Osun State, His Excellency, Rauf Aregbesola.
20. That a copy of the letter
referred to in paragraph 19 above has been produced, shown to me, hereby
attached and marked as EXHIBIT EMA 2.
21. That the letter was delivered
by a courier Company, DHL International Nigeria Ltd to the office of the 2nd Defendant
in Oshogbo on the 20th March 2012.
22. That the Waybill and the
Shipment details of the deliverer of the letter referred to in paragraph
19, 20 and 21 have been produced, shown to me, hereby attached and marked
as EXHIBIT EMA 3.
23. That since the receipt of the
Request for the Medical Reports and Information referred in paragraph 19,
20, 21 and 22 above and up till the filing of this suit, the 2nd Defendant
has so far failed, refused and/ or neglected to provide the Plaintiff with
the details of the information requested for.
24. That I know as a legal
practitioner that the Plaintiff by virtue of their composition and
objectives is entitled as of right to request for or gain access to
information which is in the custody or possession of any public official,
agency or institution.
25. That that I know that the 2nd Defendant
is an appointee of the Governor of Osun State, His Excellency Rauf Adesoji
Aregbesola as well as a functionary of public institutions.
26. That I know that when a
request for information from a public official or Institution, the
institution or agency, the public official, institution or agency to whom
the application is directed is under a binding legal obligation to provide
the applicant with the information requested for.
27. That I know that it is
necessary that the medical history and/ or medical reports of anybody
holding the exalted office of a Governor in any state in Nigeria are widely
disseminated and made readily available to members of the public.
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