PRESS RELEASE:
OUR REQUEST FOR MEDICAL EXAMINATION OF GOVERNOR RAUF AREGBESOLA OVER INSANITY IS CONSTITUTIONAL.
The 16th day of March 2012, we caused a letter to be written on our behalf by our Executive Director, Barr. Kayode Ajulo to the Personal Physician of His Excellency Rauf Aregbesola, the Governor of Osun State.
The letter under reference duly authorized by the resolution of the Board of Trustees of Egalitarian Mission, Africa is one of our numerous interventions in Africa towards achieving our mandate which in summary is to promote good governance, principles of equality, adherence to the rule of law and all the tenets of democracy as well as peaceful co-existence in Africa.
It should be noted that our request is not unconnected with vituperative utterances and ostensibly uneasy, higgledy-piggledy, hoarse, rambling, irrational actions of H. E. Rauf Aregbesola, which has become more manifest since his ascendancy as Governor of Osun State and of which H. E. Rauf Aregbesola wittingly and unwittingly has exhibited clear symptoms of insanity.
As expected, our Executive Director has been visited with some obviously sponsored attacks against the Missions committed and permissible request.
While we refuse to join issue with these paid agents, we wish to reiterate that our request has basis in the sacred provision of our Constitution as Section 189 (1) (b) of the Constitution as amended provides for medical examination as may be necessary.
It is our trust that the wellbeing of the government and good people of Osun State presently lies on the shoulder of H. E. Rauf Aregbesola who must not only be fit and proper to carry the duties and responsibilities of office of the Governor of Osun State with excellent level of sanity and good judgment.
It is therefore expected that having put his state of mind into question by his actions and omissions which run contrary to the accepted behaviour of the person of his office, his Personal Physician needs to conduct medical examination on H. E. Rauf Aregbesola, a public officer, to ascertain his state of health and accede to our request.
In view of the above, we still maintain that our request is legal, permissible and constitutional, bearing in mind the provision of Section 182 (1) (c), 189 (1) (b) and section 2 (2) of Freedom of Information Act 2011 LFN for the reason that the sanity of our leaders must be evidently determined, particularly when such leaders have put their sanity into question by their act and/or omission.
We reinforce once again, our determination, having being compelled in the spirit of respect for Section 189 of the Constitution as we refused to be distracted, intimidated, and blackmailed.
We are resolute in our undertakings as we hold it to be true that Osun state, Nigeria and well as the entire Africa community must be governed in accordance with the Law.
Thank you,
For: EGALITARIAN MISSION AFRICA
Signed Signed
Barr. Babs Akinwumi Sadiq D. Jobi
Country Director (Nigeria) Director, Media & Publicity
THE LETTER:
EMA
EGALITARIAN MISSION AFRICA
MISSION ÉGALITAIRE AFRIQUE, ???????? ???? ??????? IGUALITÁRIA MISSÃO ÁFRICA, IGUALITARIO MISIÓN DE ÁFRICA, Usawa MISSION AFRIKA
*****
Castle of Law, No. 19, Kumasi Crescent, Wuse II, Abuja-Nigeria
E-Mail: [email protected]
+234(0)803 315 4349 +447425299695
Our Ref.: 124/GOV/AS/12
16th March, 2012
The Personal Physician of the Governor of Osun State,
Osun State Government House Clinic
Okefia-Oshogbo,
Osun State.
Dear Sir,
REQUEST FOR MEDICAL REPORTS OF H. E. RAUF AREGBESOLA (THE GOVERNOR OF OSUN STATE) FROM 27TH NOV. 2010 – DATE
We hereby in pursuant to the provision of Section 2 (2) of Freedom of Information Act 2011 LFN request for Medical Report of the Governor of Osun State, His Excellency, Rauf Aregbesola from 27th November 2010 till date.
We are non-profit making organisation established to maintain and promote good governance, equal opportunities, rule of law and sustenance of democracy in Africa; we are as such incorporated in Nigeria’s corpus juris under the name and style, The Incorporated Trustees of Egalitarian Mission, Africa.
In ensuring good governance, accountability and adherence to the rule of law among other constituted missions, we are not unaware of vituperative utterances and ostensibly apprehensive, disordered, abrasive, delirious, alienated actions of H. E. Rauf Aregbesola, which has became more manifest since his ascendancy as Governor of Osun State.
As part of our mandate, we are concerned and felt compelled in the spirit of respect for the Nigerian Constitutional provisions, particularly, Section 182(1) (c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) disqualifying any person who has been adjudged a lunatic or declared to be of unsound mind from holding the exalted office in any State in Nigeria.
Sequel to the swearing-in of H. E. Rauf Aregbesola on 27th November, 2010 as Osun State Governor, the following instances of the actions of the Governor call to question the required level of sanity and good judgment expected of the holder of such an exalted office:
1. On 20th February, 2011 H. E. Rauf Aregbesola at a book launch at Sheraton Hotel & Towers, Abuja threw caution and decorum to the winds to launch an unprovoked attack on the person and office of the President of Nigeria to the embarrassment of dignitaries present, this display of irrational outburst was unabated despite the explanation of the Nigerian Minister of Labour & Productivity, Chief Emeka Wogu on the context in which the President used the word; RASCALS.
1. On the 27th October, 2011 at Oshogbo, H. E. Rauf Aregbesola once again threw decorum to the winds and displayed want of good judgment and reason and use one of his subordinates to attack and disparage the person of the Vice President of Nigeria, Arch. Namadi Sambo at the opening of Federal High Court Complex.
1. On 7th March 2012, H. E. Rauf Aregbesola despite concerted attempts to call him to order by H. E. Kayode Fayemi, H. E. Ibikunle Amosun, Gen. Alani Akinrinade, Rt. Hon. Dimeji Bankole, Dr. Federick Fasehun, Mr. Fola Adeola, and other eminent Yoruba leaders in attendance, launched a worst form of attack which is out of control and want of reason, against a colleague Governor from the same zone.
1. That H. E. Rauf Aregbesola, by several reports or/and on several occasions displayed irascible, quick-tempered and impetuous actions at several fora including, during the esteemed National Executive Council’s meetings at Aso Villa, Abuja which by implication may lead to untoward consequence in Nigeria.
It is our independent opinion that these actions of the Governor run contrary to the acceptable behavior of the person of his office particularly when viewed against the background of the Yoruba nation where the notion of Omoluabi is held in high esteem.
It is in view of the above and being conscious of the provisions of Section 2(2) of the Nigerian’s Freedom of Information Act, that we demand for the certified true copy of the medical report of His Excellency between the period specified for the purpose of giving consideration to the provision of Section 182 (1) (c) and Section 189 of the 1999 Constitution of Federal Republic of Nigeria (as amended).
Please note that failure to furnish us with the above report within 7 (seven) days, shall compel us to embark on any approach permissible under Nigerian’s law, including approaching the court to compel you to do same.
We believe that you shall give this request the prompt attention it requires.
Accept, please, our warmest regards.
Thank you.
Yours faithfully,
For: EGALITARIAN MISSION AFRICA
Signed
Kayode AJULO, LL.M., B.L., fcl
Chairman, Board of Trustees/Executive Director
Copy:
1. President, Federal Republic of Nigeria, Abuja
2. Vice President, Federal Republic of Nigeria, Abuja
3. President, Senate of Federal Republic of Nigeria, Abuja
4. Speaker, Federal House of Representative, Abuja
5. Chief Justice of Nigeria, Abuja
6. Hon. Attorney General of Federation, Abuja
7. Chairman, Nigeria Government Forum, Abuja.
8. Speaker, Osun State House of Assembly, Oshogbo, Osun state.
9. Chief Judge of Osun State, Oshogbo, Osun State
10. IGP, Nigerian Police Force, Abuja
11. DG, SSS, Abuja.
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who is kayode Ajulo by d way?well,I think this is politics going too far.
Politics or not what is obvious is that Aregbesolas -skon skon- and -kati kati- are too much, imagine in four different location, four different time, four different personalities with the same person. Abegi the man head needs to be examined. And come to think of it during Yaraduas time this same lawyer, Kayode Ajulo ask for the same thing and even go to court to court to compel Andoakaa and the rest to order for the examination. Ironically, Tinubu and Aregbesola supported Kayode Ajulo, Tinubu even wrote a letter for the resignation of the President. What comes around goes around.
This egalitarian mission thing is simply a group of people seeking attention as far as I am concerned. Sounds like pure politics, they could not even tell us the exact words that Aregbesola used. As far as I am concerned this is an issue and a group of ppl that should not be taken too seriously. I remember a lot of people called GEJ unprintable names during the fuel subsidy crisis and even till today, maybe Kayode Ajulo should ask them to take mental exams too. There are more pressing issues that you would expect serious minded people to expend their energy on issues like Boko Haram menace,the endemic poverty in the nation and the other things that the common man grapples with daily. Its time we stop playing partisan politics and get serious.
Ignorantia juris non excusat or ignorantia legis neminem excusat (Latin for “ignorance of the law does not excuse” or “ignorance of the law excuses no one”) is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content.
It is equally important to point out that hiding under the guise of “Freedom of Information” request is not a justification for injuring another in his profession, occupation or trade. For members of the public and innocent gossipers, it important to note that under the laws of defamation, every publisher or disseminator of a libel is as responsible for that publication as is the original publisher. [1]
According to Justice Dore, defamation is:
Any written or printed article published of and concerning a person without lawful justification or excuse and tending to expose him to public contempt, scorn, obloquy, ridicule, shame or disgrace, or intending to induce an evil opinion of him in the mind of right thinking persons, or injure him in his profession, occupation or trade is libelous and actionable, whatever the intention of the writer may have been. The word need not necessarily impute actual disgraceful conduct to the plaintiff; it is sufficient if they rendered him contemptible and ridiculous. [2]
Section 391 of the Nigerian Penal Code states that:
Whoever by words either spoken or reproduced by mechanical means or intended to be read or by signs or by visible representations makes or publishes any imputation concerning any person intending to harm or knowing or having reasons to believe that such imputations will harm the reputation of such person, is said … to defame that person. [3]
Articles 512–514 of the Nigerian Criminal Code are very explanatory and plain on this issue:
Defamatory matter is matter likely to injure the representation of any person by exposing him to hatred, contempt or ridicule or likely to damage any person in his profession or trade by an injury to his reputation. Such matters may be expressed in spoken words or in any audible sounds, or in words legibly marked on any substance whatever, or by any sign or object signifying such matters otherwise than by words, and may be expressed whether directly or by insinuation or irony. It is immaterial whether at the time of the publication of the defamatory matter, the person concerning whom such matter is published is living or dead. [4]
This definition excludes verbal insults or vulgar abuses which are usually preludes to serious fighting between warring factions. And it is quite adequate, because whatever a person expresses verbally can be denied in the law courts, unlike what has been mechanically recorded or documented in black and white.
I therefore call on those disemminating the libelious publication of a group calling themselves the “EGALITARIAN MISSION AFRICA” as represented by Barr. Babs Akinwumi and Sadiq D. Jobi, to advise themselves accordingly.
__________/s/__________
Janet Ogundipe Fashakin,RN,RM, LL.B (Hons),LL.M, PH.D
Admitted Attorney of the Supreme Court of Nigeria.
Admitted Attorney of the Supreme Court of the United States of America.
Fashakin & Associates, PC
New York, USA. (718)805-2522;
References:
1. E.J. Glasson, “Libraries and the Law,” Australian Academic and Research Libraries 13 (March 1982):30.
2. William F. Swindler, Problems of Law in Journalism (Westport, Conn.: Greenwood Press, 1955), p. 112.
3. S.S. Richardson, Notes on the Penal Code Law Cap. 89 Laws of Northern Nigeria 1963 (Zaria: Gaskiya Corporation, 1967), p. 225.
4. E.M. Fakayode, The Criminal Code Companion (Nigeria: Et hiope Publishing, 1977), pp. 87–88.
Mr. Fashakin, you comment is full of theorem without applying same to the extant circumstances, you have therefore embark of a fruitless voyage. Are telling us that amounts to a crime or libel to make simple enquiry to a physician of someone that has exhibited some symptoms of insanity. When does it becomes a liability to follow our law, maybe your long servitudes in the USA has made you to loose touch with our extant statutes, did you read section 182 & 189 of our Constitution before embarking on this path as commented. Unfortunately you overshoot yourstep.
I can now understand why we debarred you on our country naija group.
Mr Idemu Ibru Esq., I am not Mr Fashakin, but Janet Fashakin. “Janet” is not a man’s name yetat least in Nigeria ‘barrister’. Since your response is that of someone who has an axe to grind with another, you cannot intelligently respond to what I wrote here, so I cannot dignify it with a comment. By the way what is ‘country naija group?” Never heard of it before:)
Kayode Ajulo my foot, who is he? All these political beggars looking for contracts to execute. We know them all, is he not the same guy that contested the for Senate under LP in abuja, he knew he could not win and he arranged his own kidnapping. If i may ask, why would anyone kidnapped Kayode Ajulo, a nobody?
He should just go rather go test for Madness too. We knw Kayode is looking for attention from some quarters.
Please read this sahara reporter’s article for a balanced perspective on the issue. Kayode Ajulo as certainly embarked on a naively evident political hacthet Job.
http://tinyurl.com/cteltv2