Folahanmi: A Whistle Blower on the Ropes in Nigeria
12 Aug 2015
Nigeria ThisDay
Ademola Adeyemo profiles the serving High Court judge in Osun State, Justice Olamide Folahanmi Oloyede, who called for the impeachment of Governor Rauf Aregbesola and his deputy, TitiLaoye over alleged mismanagement of the state resources
Justice OlamideFolahanmi Oloyede of the Osun State Judiciary, to some people, she is a bold, upright and fearless judge who never tolerated injustices in the system but takes the lawbreakers, high or low, to task. Her petition to the State House of Assembly calling for the impeachment of Governor Rauf Aregbesola of Osun State and his deputy, TitiLaoye, on alleged maladministration perhaps reflected her abiding faith and confidence in the system and an earnest desire to stem the rot and sanitise the system.
Oloyede has a history of activism. When she was the Chief Registrar of Osun State Judiciary, she fought battles with all judges of the state over issues bordering on financial improprieties. A motheroffour and passionate Grail Messenger, Oloyede who attended Adrao International School, Victoria Island, Ilesa Grammar School, Ilesa and ObafemiAwolowo University, Ile-Ife for her Law degree was known in her school days for her brilliance, tough mien, activism, steely stubbornness and independent-mindedness.
This bold, beautiful and brilliant Ijesa woman is not a push over in legal practice. She has written some law books including “The Nitty Gritty of Proof” However, Oloyede who is a serving Judge in the State Judiciary is now in the eye of the storm for her audacity to write a petition against Aregbesola praying the State lawmakers to set in motion an impeachment process to sack the governor and her deputy.
In her 39-page petition, the Judge alleged that Aregbesola’s “act of literally ruling the state from Saudi Arabia, Cuba and Lagos “is disloyal, neglectful and un-patriotic and is the direct cause of most of Osun’s problem.”
Oloyede was particularly livid over the governor’s alleged deliberate stifling of the judiciary of funds, “Coupled with his refusal to pay the meager ‘running cost’ or and to pay judges and magistrates their housing and medical allowances or to give them serviceable official vehicles which have resulted in the closure of the state courts in the last six months”.
To her, all these acts of recklessness amount to the greatest betrayal and treachery of the ideals of democracy and consequently of the rule of law of which he (Aregbesola) is one of the greatest beneficiaries”.
However, many people were shocked by the Judge’s boldness and her action drew the ire of the government which described the petition as politically motivated. Some people even said that Oloyede was not in the right frame of mind when she was writing the petition and called for her removal as a judge, saying that by her action she has descended into the murky water of politics.
Some observers also described the Judge’s action as “usual judicial drama” wondering why a female serving judge who by the ethics of her job should be seen and not heard should descend into political arena. Also, she is indirectly in the employment of the governor who could pressure the National Judicial Council (NJC) to sack her. But Oloyede, in her petition said she made the allegations with a deep sense of responsibility and sincerity of purpose, “due to my conviction in the sanctity of ‘truth’ and in ‘the Rule of Law” as the bases for promoting the ideals and the attainment of “good governance and the welfare of all persons in our country, on the principles of freedom, equality and justice as enunciated at the Stockholm Conference (1942), a principle which finds expression in the preamble to our Constitution, and which I believe is a fundamental pre-condition to the establishment and sustenance of our collective dream of an “egalitarian society” as promised by Osun State’s anthem, as well as the basis for harmony, universal brotherhood and world peace.
“I declare that in presenting this petition, I’m not in any way motivated by malice, spite, pecuniary interest or promise thereof, nor am I propelled by a desire for higher office, since it has always been my conviction that all good things come from above, only from above. I am also not unmindful of the need to respect the dignity of fellow citizens and to respect constituted authority (including Mr. Governor), it is however trite that: respect begets respect, and that dignity is as dignity does.
She said her motive was driven by the need to sanitise the society “My objective is to ensure that human beings are treated justly, and thus ensure the reign of peace, since peace and justice can never be separated, they are two sides of the same coin. “If the world is ever to experience peace, therefore, all hands must be on deck to ensure that no one is treated unjustly, and that the propensity of certain persons to mistreat and maltreat others are, at least, put in check, for as long as it is not quite possible to wipe out injustice completely.
“I verily believe that the desired power, prestige and good image for our country that the majority yearns for can only be achieved when we all cooperate to fight ineptitude, corruption, greed and abuse of entrusted power in governance.
She said she was unmindful that she was seeking for the removal of a governor who is a brother and a fellow Ijesaman: “I am also convinced of the fact that loving one’s brethren means doing that which will benefit them, which includes having them corrected andor punished if they refuse to understand and persist in acts which are damaging to others beside themselves.
“Even Mr. Governor has admitted publicly, the fact that Osun is in financial quagmire and that he is clueless on how to pull her out of the doldrums into which she has been pushed. Nor is it in dispute that the state has been unable to discharge its financial obligations to its pensioners, civil service, the judicial arm and contractors alike.
However, two Senior Advocates of Nigeria (SAN), Mrs. FolakeSolanke and Prof ItseSagay criticised Oloyede for writing the petition.
According to them “Even more fundamental is the question of whether a judicial officer should be publicly engaged in a bitter public confrontation with any other arm of government, particularly the executive arm of government headed by the target of her tirade, the governor, who appointed her into office. Specifically, is a Judge permitted to make public political comments and engage in public diatribes against the government and the governor of the state in which he or she is serving?
“The code of conduct for judicial officers is replete with provisions requiring a judicial officer to act with dignity, decorum and a high standard of conduct. The preamble of the code, for example, provides that a judicial officer should actively participate in establishing, maintaining, enforcing and himself observing a high standard of conduct so that the integrity and respect for the independence of the Judiciary may be preserved”
But the ivil Societies Coalition for the Emancipation of Osun State (CSCEO)faulted Chief Solanke and Prof. Sagay, describing their statement as predetermined and mere opinion over an issue of national importance, which was designed to save Aregbesola in the face of the whole world over hisfinancial recklessness and mismanagement of Osun commonwealth.
The group accused the duo ofdeliberate plan to incite the National Judicial Council (NJC) against Oloyede.
“Are they saying that Mrs. Oloyede’s privilege as a judge overrides herright as a citizen of Nigeria as enshrines in the Constitution of Nigeria, particularly in a matter she was directly affected? First of all, JusticeOloyede is a Nigerian and an Osun indigene before being a judge.
“In our view, both Professor Sagay and Chief Solanke were supposed to bedefenders in the temple of law. Did they know that until few days ago it wasover a year that courts sat in Osun State? Why did they refuse to intervenein the comatose state of administration of judiciary in the state?
The group insisted that the judge has not erred in law as being postulatedby Solanke and Sagay, noting that what Justice Oloyede did in writing thepetition as authentic citizen of the State, was in line with the Section 39of the amended 1999 Constitution which superseded any existing laws of theland.
Now the country is watching this drama with baited breath because the success or failure of this new government’s claim to fight corruption must depend on how well Justice Folahanmi is treated.
In a country determined to reduce corruption and misgovernment, Justice Folahanmi would be handled with utmost care and respect. The Judge still has 20 more service years with prospects of career growth; she would not be taking such a risk with grave career consequences if she is not completely convinced of her actions.
However, Aregbesola has questioned the integrity of Justice Oloyede, saying that her conduct was unbecoming of judges.
According to him “I want to say that there was no basis for the petition. It is all lies! A judge that doesn’t know herself as judge;judges can only be seen and not heard. She (Oloyede) doesn’t have any substance in the judiciary. She lied against me,”
The governor said Oloyede accused him of being absent from the state, but the weekly executive meeting register proved otherwise.
“I have never gone on leave since November 2010 when I came into governance. There is no single truth in the judge’s petition,” he said. However as this drama unfolds, has Justice Oloyede acted with decorum? Has she acted with integrity and impartiality? Has she been true and faithful to the Constitution? Has she conducted herself in such a manner as to preserve the dignity of her office?
Nigeria ThisDay
Ademola Adeyemo profiles the serving High Court judge in Osun State, Justice Olamide Folahanmi Oloyede, who called for the impeachment of Governor Rauf Aregbesola and his deputy, TitiLaoye over alleged mismanagement of the state resources
Justice OlamideFolahanmi Oloyede of the Osun State Judiciary, to some people, she is a bold, upright and fearless judge who never tolerated injustices in the system but takes the lawbreakers, high or low, to task. Her petition to the State House of Assembly calling for the impeachment of Governor Rauf Aregbesola of Osun State and his deputy, TitiLaoye, on alleged maladministration perhaps reflected her abiding faith and confidence in the system and an earnest desire to stem the rot and sanitise the system.
Oloyede has a history of activism. When she was the Chief Registrar of Osun State Judiciary, she fought battles with all judges of the state over issues bordering on financial improprieties. A motheroffour and passionate Grail Messenger, Oloyede who attended Adrao International School, Victoria Island, Ilesa Grammar School, Ilesa and ObafemiAwolowo University, Ile-Ife for her Law degree was known in her school days for her brilliance, tough mien, activism, steely stubbornness and independent-mindedness.
This bold, beautiful and brilliant Ijesa woman is not a push over in legal practice. She has written some law books including “The Nitty Gritty of Proof” However, Oloyede who is a serving Judge in the State Judiciary is now in the eye of the storm for her audacity to write a petition against Aregbesola praying the State lawmakers to set in motion an impeachment process to sack the governor and her deputy.
In her 39-page petition, the Judge alleged that Aregbesola’s “act of literally ruling the state from Saudi Arabia, Cuba and Lagos “is disloyal, neglectful and un-patriotic and is the direct cause of most of Osun’s problem.”
Oloyede was particularly livid over the governor’s alleged deliberate stifling of the judiciary of funds, “Coupled with his refusal to pay the meager ‘running cost’ or and to pay judges and magistrates their housing and medical allowances or to give them serviceable official vehicles which have resulted in the closure of the state courts in the last six months”.
To her, all these acts of recklessness amount to the greatest betrayal and treachery of the ideals of democracy and consequently of the rule of law of which he (Aregbesola) is one of the greatest beneficiaries”.
However, many people were shocked by the Judge’s boldness and her action drew the ire of the government which described the petition as politically motivated. Some people even said that Oloyede was not in the right frame of mind when she was writing the petition and called for her removal as a judge, saying that by her action she has descended into the murky water of politics.
Some observers also described the Judge’s action as “usual judicial drama” wondering why a female serving judge who by the ethics of her job should be seen and not heard should descend into political arena. Also, she is indirectly in the employment of the governor who could pressure the National Judicial Council (NJC) to sack her. But Oloyede, in her petition said she made the allegations with a deep sense of responsibility and sincerity of purpose, “due to my conviction in the sanctity of ‘truth’ and in ‘the Rule of Law” as the bases for promoting the ideals and the attainment of “good governance and the welfare of all persons in our country, on the principles of freedom, equality and justice as enunciated at the Stockholm Conference (1942), a principle which finds expression in the preamble to our Constitution, and which I believe is a fundamental pre-condition to the establishment and sustenance of our collective dream of an “egalitarian society” as promised by Osun State’s anthem, as well as the basis for harmony, universal brotherhood and world peace.
“I declare that in presenting this petition, I’m not in any way motivated by malice, spite, pecuniary interest or promise thereof, nor am I propelled by a desire for higher office, since it has always been my conviction that all good things come from above, only from above. I am also not unmindful of the need to respect the dignity of fellow citizens and to respect constituted authority (including Mr. Governor), it is however trite that: respect begets respect, and that dignity is as dignity does.
She said her motive was driven by the need to sanitise the society “My objective is to ensure that human beings are treated justly, and thus ensure the reign of peace, since peace and justice can never be separated, they are two sides of the same coin. “If the world is ever to experience peace, therefore, all hands must be on deck to ensure that no one is treated unjustly, and that the propensity of certain persons to mistreat and maltreat others are, at least, put in check, for as long as it is not quite possible to wipe out injustice completely.
“I verily believe that the desired power, prestige and good image for our country that the majority yearns for can only be achieved when we all cooperate to fight ineptitude, corruption, greed and abuse of entrusted power in governance.
She said she was unmindful that she was seeking for the removal of a governor who is a brother and a fellow Ijesaman: “I am also convinced of the fact that loving one’s brethren means doing that which will benefit them, which includes having them corrected andor punished if they refuse to understand and persist in acts which are damaging to others beside themselves.
“Even Mr. Governor has admitted publicly, the fact that Osun is in financial quagmire and that he is clueless on how to pull her out of the doldrums into which she has been pushed. Nor is it in dispute that the state has been unable to discharge its financial obligations to its pensioners, civil service, the judicial arm and contractors alike.
However, two Senior Advocates of Nigeria (SAN), Mrs. FolakeSolanke and Prof ItseSagay criticised Oloyede for writing the petition.
According to them “Even more fundamental is the question of whether a judicial officer should be publicly engaged in a bitter public confrontation with any other arm of government, particularly the executive arm of government headed by the target of her tirade, the governor, who appointed her into office. Specifically, is a Judge permitted to make public political comments and engage in public diatribes against the government and the governor of the state in which he or she is serving?
“The code of conduct for judicial officers is replete with provisions requiring a judicial officer to act with dignity, decorum and a high standard of conduct. The preamble of the code, for example, provides that a judicial officer should actively participate in establishing, maintaining, enforcing and himself observing a high standard of conduct so that the integrity and respect for the independence of the Judiciary may be preserved”
But the ivil Societies Coalition for the Emancipation of Osun State (CSCEO)faulted Chief Solanke and Prof. Sagay, describing their statement as predetermined and mere opinion over an issue of national importance, which was designed to save Aregbesola in the face of the whole world over hisfinancial recklessness and mismanagement of Osun commonwealth.
The group accused the duo ofdeliberate plan to incite the National Judicial Council (NJC) against Oloyede.
“Are they saying that Mrs. Oloyede’s privilege as a judge overrides herright as a citizen of Nigeria as enshrines in the Constitution of Nigeria, particularly in a matter she was directly affected? First of all, JusticeOloyede is a Nigerian and an Osun indigene before being a judge.
“In our view, both Professor Sagay and Chief Solanke were supposed to bedefenders in the temple of law. Did they know that until few days ago it wasover a year that courts sat in Osun State? Why did they refuse to intervenein the comatose state of administration of judiciary in the state?
The group insisted that the judge has not erred in law as being postulatedby Solanke and Sagay, noting that what Justice Oloyede did in writing thepetition as authentic citizen of the State, was in line with the Section 39of the amended 1999 Constitution which superseded any existing laws of theland.
Now the country is watching this drama with baited breath because the success or failure of this new government’s claim to fight corruption must depend on how well Justice Folahanmi is treated.
In a country determined to reduce corruption and misgovernment, Justice Folahanmi would be handled with utmost care and respect. The Judge still has 20 more service years with prospects of career growth; she would not be taking such a risk with grave career consequences if she is not completely convinced of her actions.
However, Aregbesola has questioned the integrity of Justice Oloyede, saying that her conduct was unbecoming of judges.
According to him “I want to say that there was no basis for the petition. It is all lies! A judge that doesn’t know herself as judge;judges can only be seen and not heard. She (Oloyede) doesn’t have any substance in the judiciary. She lied against me,”
The governor said Oloyede accused him of being absent from the state, but the weekly executive meeting register proved otherwise.
“I have never gone on leave since November 2010 when I came into governance. There is no single truth in the judge’s petition,” he said. However as this drama unfolds, has Justice Oloyede acted with decorum? Has she acted with integrity and impartiality? Has she been true and faithful to the Constitution? Has she conducted herself in such a manner as to preserve the dignity of her office?
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