Author: Waheed Adekunle

A renowned poet and playwright, Professor Wole Soyinka, has once said “when a leader encourages the culture of impunity, the society is lost and it makes the work harder for the rest of us”.

An inference from this intellectually -inclined assertion of the Noble Laureate attests to the observation of a British Historian, Lord Acton that ‘power corrupts, and absolute power corrupts absolutely’. Impunity in clear term encourages corruption since corruption happens because there’s impunity.

This indeed gives an insight to the damning implications of the reign of impunity in a once known state of the virtuous, Osun.

It has become imperative to further puncture the unchecked impunity, lawlessness and illegality that have defined the current administration of Governor Ademola Adeleke in the last one year.

There is no doubting the fact that the scourge of impunity that is endemic in the socioeconomic, political and democratic life of the state had successfully reared its ugly head – serving as a clog in the wheel of progress since the inception of the present government.

It is disheartening that the actions and inactions of the incumbent Governor to the independence and sanctity of the judiciary is questionable, going by some recent legal matters.

While the state of ‘Omoluabi’ that’s widely respected, honoured and highly placed within and outside the country for its enviable attainments, inherent virtues and values, had become a subject of ridicule and centre of illegality in the comity of states in the country, there is an urgent need to rescue our dear state from the path of avoidable recklessness and abyss.

It is a fact that the incumbent administration has since inception, left no one in doubt as to its penchant for lies and propaganda and these had been dragging the fortunes of the state backwardly unabated.

As manifested in its awkward and abysmal performance so far, the state government under Senator Adeleke’s watch has shown to the whole world its inability and gross incompetence in administering the affairs of the state as there are traceable indices to measure its woeful performance so far.

However, as residents of Osun, one doesn’t need an interpreter to know the full-sized regalia of impunity wore by the political class in the state as laws of the land had been consistently flouted unassailably since November 27th, 2022 when the incumbent government came on board.

While I don’t want to labour much on many of the indelible illegalities inherent in Adeleke’s government, having painstakingly and satisfactorily addressed a number of same in some of my write-ups that were laced with empirical evidence and irresistible facts, it is important to expose the public to the unhealthy motives of the state government to continuously hijacking or better still, usurping the constitutional responsibility of the judiciary.

Looking away from many of these occurrences that had been sufficiently espoused, the recent involvement of the state government in the selection and appointment of the new Chief Imam of Inisa, a town in Odo-Otin LGA of the state is not only an aberration or abuse of power but rather the height of impunity that can only happen under a military rule not in a saner clime.

As ludicrous as it appears, that, our Governor has become an emperor who does things according to his ‘whims and caprices’ not minding the effects of such action and impact on humanity particularly the electorate who gave him their “mandate”, is worrisome.

How can we describe the government’s involvement in the selection and appointment of the recently announced, turbaned and installed Chief Imam of Inisa Central Mosque which seat is still vacant in the eye of the law? When does a sitting Governor become an appointing officer on Imamship? Is it the responsibility of a governor or government to meddle into or select, appoint or install a Chief Imam of Central Mosque for a town? Where does Governor Adeleke derive the power he exercised to have appointed Alhaji Akeem Muhammed Jamiu as the new Chief Imam of Inisa Central Mosque contrary to the order of the court? These and many more would be briefly espoused in this piece.

It is apparent that the Adeleke’s government has engaged in an unending judicial brouhaha which if not curtailed could drift the state to a state of anarchy. The Governor’s dispositions to other arms of government that’s- Legislature and Judiciary in the last twelve months had shown clearly his avowed determination to decimate and pocket the duo for his unsavoury motives at the expense of the state and her people.

It is no more news that the Imamship in Inisa, a community in Odo-Otin Local Government Area of the state has been ensued in a prolonged crisis that had become a subject of litigation since 2021 after the emergence of different factions jostling for the Chief Imam seat.

The crisis which snowballed into a serious one took another dimension as some of the parties took the matter to court precisely in 2021 to seek court injunction.

When the matter was taken before the State High Court, all the parties involved in the suit were restrained from parading themselves as the Chief Imam or Assistant Chief Imam of Central Mosque pending the determination of the case by the court.

But in another turn of event, though surprisingly, the Osun state government, in connivance with the League of Imams and Alfas in the state few days ago appointed and installed one Alhaji Akeem Muhammed Jamiu as the new Chief Imam of Inisa Central Mosque contrary to an Order of Interlocutory Injunction restraining all the Defendants from selecting, appointing or installing a substantive Chief Imam or Assistant Chief Imam in the ancient town.

In a purported statement, jointly signed and issued by both the Commissioner for Home Affairs, Alhaji Aderibigbe Rasheed and Chairman of the League of Imams and Alfas, Sheikh Musa Animasahun, the state government appointed Alhaji Jamiu as substantive Chief Imam against the court order.

The government was quoted to have arrived at the decision in a view to bringing to an end the Imamship impasse in the town which in actual fact is contrary to the restraining order of the court.

It would be recalled that Justice Adedapo Adeniji of the Osun State High Court, sitting in Osogbo, had on November 25th, 2021 restrained all the parties involved in the selection of a new Chief Imam and Assistant Chief Imam for the Inisa Central Mosque until the final determination of the litigation.

The court in its wisdom issued six Order of Interlocutory Injunction restraining the 1st, 2nd, 3rd and 4th Defendants and each of them, their servants, agents, privies and other persons under their instruction or authority from parading or presenting or holding themselves out to be Chief Imam of Inisa or Assistant Chief Imam or performing any duty or function or enjoying any right/benefits as the Chief Imam or Assistant Chief Imam of Inisa in Odo-Otin Local Government Area of Osun State pending the hearing and determination of the case.

The Certified True Copy (CTC) reads thus: “an Order of Interlocutory Injunction restraining the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th and 10th Defendants, their servants, agents, privies, supporters and other persons under their instruction or authority from recognizing, treating, according or referring to the 1st, 2nd, 3rd and 4th Defendants as the Chief Imam of Inisa or Assistant Chief Imam pending the hearing and determination of this case.

“An Order of Interlocutory Injunction restraining the 5th, 6th, 7th, 8th, 9th and 10th Defendants, their servants, agents, privies and other persons under their instruction or authority from selecting, appointing or turbaning or installing the 1st, 2nd, 3rd and 4th Defendants or any other persons as a Chief Imam of Inisa in Odo-Otin Local Government Area of Osun State pending the hearing and determination of this case.

“An Order of Interlocutory Injunction restraining the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th and 10th Defendants, their agents, supporters, privies, any person or authority acting through them or under their instructions or authority from further causing, further creating crisis or violence or fomenting trouble or protesting or in any form or manner disturbing the peace of the Inisa town in Odo-Otin Local Government Area of Osun State over the selection and appointment of Chief Imam of Inisa in Odo-Otin Local Government Area of Osun State.

“A consequential order on the league of Imams and Alfas in Osun State to urgently put necessary machinery in motion for the purpose of putting in office an interim leadership that will pilot and or discharge functions and or duties of a Chief Imam of Inisa pending the fixed determination of this suit.”

Meanwhile, the question to ask Osun state government is that, is it the responsibility of the state to delve into the matter pending before the Court or is it the government’s responsibility to appoint a Chief Imam let alone issuing arrant statement to affirm same? Is the government not aware of the court injunction?

No doubt, the state government has demonstrated clearly its flagrant disobedience to the rule of law and sanctity of the judiciary since the inception. The case of the Rector of Osun State Polytechnic, Iree, is still fresh in my memory as well as that of the Chief Judge among others.

Unequivocally, the disposition of the state government to the Doctrine of Rule of Law, Separation of Powers and Principle of Checks and Balances since Governor Adeleke assumed power is questionable as the governor has been piloting the state’s affairs as an emperor.

This show of rudderless and ruthlessness in the corridor of power portrayed the government as one out to pocket the judiciary as done in the case of the ‘rubber-stamp’ legislature which has become an appendage of the Executive Arm.

While the decision of Governor Adeleke in appointing a new Chief Imam has further raised dusts in the last few days, it is important to bring to public knowledge the implications of same and the need to properly nip it in the bud for future occurrence.

If we cast our minds back sequentially, the Imamship impasse has been on before the former Governor Adegboyega Oyetola left office, but with good advisers on the side of the Governor, Oyetola were able to manage and salvage the situation without trampling on the order of the Court.

Since the matter had been taken to Court, former Governor Oyetola didn’t meddle into it let alone imposing anyone to be made Chief Imam till he exited office. It is ridiculous to hear that Osun state government under Senator Adeleke had appointed someone as new Chief Imam.

In law, since both parties have been restricted by the order of the Court, the action taken by Governor Adeleke contravened the court order as he has no such power to do so even as a Governor.

It is unfortunate that Governor Adeleke has been ascribing to himself the powers which constitution did not give him contrary to the principle of Separation of Powers among the three arms of government. It is not surprising also that the governor chose to flout the Court order as such was neither the first nor second since he assumed power.

Governor Adeleke’s history of impunity has become a great concern to the discerning citizens, judging from the role played by the government in the removal of the Rector of Osun State Polytechnic inspite the court injunction as well as the foiled attempt made by the government to remove the Chief Judge despite the Court Injunction among other instances.

The order of court restraining all the parties under the litigation still subsists. Since court has not vacated same order, thus appointing a new Chief Imam is an aberration of the highest order.

It is not out of place to conclude that the action of Governor Adeleke is nothing but an ultra vires, null and void. It is unfortunate that the Attorney General of Osun had equally failed in his duties to advice the governor right in such situations.

With this action, any of the concerned parties may file a fresh application to challenge the action taken by the government.

No doubt, Governor Adeleke is the head of the Executive Arm of Government in the state but it is illegal for him to usurp the duties of either of the judiciary or legislature. What Governor Adeleke has done in the eye of the law is an outright illegality and a nullity which implies that he (Adeleke) has assumed the duty of the judge in the suit.

It is high time discerning citizens particularly elites and stakeholders in the state rise and see to the reigning and unchecked impunity so as to safeguard our dear state from the path of irredeemable destruction.

May God heal our land!