Court restrains Amosun from probing Dipo Dina’s, others’ killings

Former Governor of Ogun State, Engr. Gbenga Daniel, yesterday got an injunction from a state High Court sitting in Abeokuta, restraining his successor, Senator Ibikunle Amosun, from probing the killings, maiming and disappearance of persons during Daniel’s era.

Amosun had  in September 14 constituted a Truth and Reconciliation Commission to unravel mysterious deaths, missing of persons and harassment of people in Ogun in the last seven years and the commission which had called for memoranda from the members of the public is expected to begin sitting soon.

Members of the commission are Messrs Pius Adeyemi, Abdulahi  Mustapha, Dalopo Akinsanya, Bamidele Aturu, Tunji Onabamwo and Lanre Suraj.

But yesterday embattled Daniel, through his counsel, Prof. Taiwo Osipitan, approached the court in a suit No: M/174/2011, seeking the leave of the court to declare as “illegal and unconstitutional,” the constitution of the Truth Commission by Governor Amosun.

Osipitan said his client would be relying on Section 36 (4) of the constitution to argue his case against the governor and others joined in the suit, adding that the power of the governor in Section 2 (1) of the Commission of Enquiry Laws, Vol. 1. Of Ogun, 2006 does not include power to constitute the Truth Commission.

“His (Governor Amosun’s) power does not include the power to conduct an enquiry on whether the past governor, his aides, persons who served with him committed any crime between January 2003 and May 2009. He is not competent by the law to set up a commission of enquiry into any alleged criminal acts,” Osipitan, argued.

He equally prayed the court to restrain members of the commission from further investigation, making findings, recommendations and or sanctions in respect of the activities of ex-Gov. Daniel and his aides and this prayer was granted.
In granting the relief sought by Daniel, Justice  Paul Onamade said: “The applicant is seeking the leave of the court and coming under Order 40. And this leave is required by the law before the respondents can be served with the motion on notice for the determination of the matter and the merit.

“I hold the view that the application should succeed and it is hereby granted as prayed. This granting of leave should operate as a stay of proceeding on the Ogun State Truth and Reconciliation Commission,“ Onamade said.
 Senator Amosun, in a ceremony marking his 100 days in office, had said that the Truth Commission, when it commenced sitting, would carry an investigation into  the loss of lives and property by the people without appropriate measures to seek redress.

The panel headed by retired Supreme Court justice, Justice Pius Aderemi, is expected to reopen unresolved cases of the killing and disappearance of prominent Ogun indigenes, namely, Otunba Dipo Dina, Mr. Age (Lemomu) Animashaun, Dele Arojo.

The panel will also probe the assassination  of 65 political supporters of Senator Amosun, among others.
 The Truth Commission was set up in the fulfilment of the inauguration promise  that Ogun indigenes, including his 65 political supporters, who were murdered by sponsored political thugs between 2005 and May 2011 without opportunity for redress would be revisited.

His words:”You will recall that during the campaigns, we promised that we would not allow the plight of our compatriots who lost their lives, properties or were brutalised and made to suffer different forms brutality to pass away without appropriate measures to seek redress or at least, investigate what happened.” 

By Ernest Nwokolo, Abeokuta               Courtesy Of: Punch