The Nigeria Bar Association, NBA, has petitioned the Vommissioner of Police in Osun State, Muhammed Abba, over an alleged assault on its member by the Speaker of the state’s House of Sssembly, Rt Hon Adewale Egbedun.
In a statement jointly signed by its state chairman, Saheed Abiona and Secretary, Ibrahim Hassan, NBA held that the speaker assaulted and brutalized a lawyer Muideen Yusuf, who was executing a court judgment.
The association described Yusuf as one of the Counsels for the Gbaemu Royal family of Osogbo and the Plaintiff/Judgment Creditor in suit no: HOS/92/2021 Prince Olalekan Salami against the state Governor.
It said that Egbedun’s action is punishable under Section 37 (2) of the Criminal Code, Cap 2, Laws of Osun State and Section 133 (1), (3), (8) and (9) of the Criminal Code for obstructing officers of courts of justice contrary to the provision of Section 145 of the Criminal Code, among others.
The petition reads, “On behalf of the entire members of the Nigerian Bar Association, Osogbo Branch, we write to lodge this criminal complaint against the Speaker of the Osun State House of Assembly, Rt. Hon. Wale Egbedun on his deliberate and wilful obstruction of the execution of the judgment of the Osun State High Court and physical assault melted on a Legal Practitioner, Muideen Adeshina Yusuf Esq. on 5th of July, 2024.
“Our said colleague, Muideen Adeshina Yusuf Esq. is one the Counsel for the Gbaemu Royal family of Osogbo and the Plaintiff/Judgment Creditor in Suit NO: HOS/92/2021 PRINCE OLALEKAN SALAMI VS. THE EXECUTIVE GOVERNOR, OSUN STATE & ORS. in which judgment was delivered in 2022.
“Consequent upon the said judgment and the refusal of the judgment debtors including the Governor of Osun State and others to deliver peaceful possession of the piece of land which was the subject of litigation, our colleagues rightly commenced process of executing the said judgment. Approval was thereafter given by the appropriate Court officials for the execution after which Police protection was sought and granted by your humble self.
“The execution was fixed for 5th July, 2024 and as planned the Chief Bailiff of the State High Court with Police Officers approved for him moved to the venue of the execution at Capital Hotel Area, Osogbo-Iwo Road, Osogbo and was carrying out their lawful duties while our colleague was also monitoring the execution of the judgment.
“Curiously, while the execution was still ongoing, Rt. Hon. Egbedun arrived the scene of the execution in a Gestapo and Commando manner, he commanded the halt of the execution process, he beckoned on the head of the Security Agents and requested that the Police should leave with immediate effect. He informed the Head of the Security that he had spoken with the Deputy Commissioner of Police.
“At this point our counsel who realized that the Rt. Hon. Egbedun had stripped him and the Court Bailiffs off, of the security cover provided by the presence of the Security Agents, had to approach him and introduce himself as a lawyer to the Speaker who was present at the scene to monitor the execution and protect the interest of his client.
“As our colleague was gesticulating, he pointed a finger at the Speaker, but the Speaker seemed unpleased with the fact that he pointed at him and suddenly Hon. Egbedun became aggressive, replied by saying, “you are mad for pointing your finger at me”, as if that was a signal from Hon. Egbedun to his aides that our colleague be dealt with, our colleague was descended on with heavy blows and slaps under the nose of Hon. Egbedun.
“The situation became worse and our counsel was left to battle for his life as Hon. Egbedun’s aides and trespassers took the advantage of the situation and continued to physically assault our colleague and the Chief Bailiff, Mr. Kosamotu Lateef.
“Hon. Egbedun’s action of deliberate obstruction of execution of a valid judgment of the Court of competent jurisdiction can be likened to a situation of waging war against the judicial arm of the state and waging war against the state which is criminalised under Section 37 (2) of the Criminal Code, Cap 2, Laws of Osun State.
“It is an act of abuse office contrary to the provision of Section 104 of the Criminal Code. 2
“Most important of all, Hon. Egbedun’s action amounts to perverting justice contrary to the provision of Section 126 (1) of the criminal code and punishable by imprisonment for seven years, contempt of court contrary to the provisions of Section 133 (1), (3), (8) and (9) of the criminal code and obstruction of officers of courts of justice contrary to the provision of Section 145 of the criminal code.
“Furthermore, as a public servant and an authority, Hon. Egbedun is mandated by the provision of Section 287(3) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) which he sworn to upon elected as the Speaker of the State House of Assembly to ensure that the decision of a High Court and all other courts established by the constitution is enforced in any part of the federation contrary to Hon. Egbedun’s action of deliberate obstruction of enforcement of the judgment of an High Court of Osun State.
“Finally the assault meetted on our colleague is also criminalised under the criminal code law for which your office is mandated to investigate and any culprit brought before a competent court for prosecution.
“Hon. Egbedun cannot in anyway be above the law and by his actions on 5th July, 2024 be should be subjected to thorough Investigation and subsequently referred to appropriately court for prosecution.”
