Aregbesola’s Alleged Insanity: EMA Insist On Abuja Hearing
Posted by: webmaster in featured post January 30, 2013

A federal high court sitting in Abuja, will on 7th February, 2013 hear the motion by the Incorporated Trustees of Egalitarian Mission Africa, a Non Governmental Organization seeking to determine the mental health of Governor Rauf Aregbesola, on why the suit should be heard and determine by the court instead of the Osogbo division of the federal high court.
Egalitarian Mission for Africa, had dragged the Personal Physician to Aregbesola, the Speaker of the Osun State House of Assembly, The Attorney General of Federation and Minister of Justice, Inspector General of Police and the Director General of State Security Services to the Federal High Court, Abuja division over the mental condition of governor Aregbesola.
The case which was for hearing of the application for quash yesterday, took a twist when Justice A.R Mohammed, told parties in the matter that he was inclined to remitting the case to the Osogbo division of the federal high court, as according to him ” the fact of the pleadings instituted in this case, arosed in Osun state with the 1st and 2nd defendants residing in Osun state”.
Justice Mohammed however refused the plaintiff’s counsel, Mr. Kayode Ajulo to address the court orally on the implication of remitting the case to the Osogbo division of the court, and ordered that the plaintiff come by way of a motion to show the court why the suit should be heard and determined by the court sitting in Abuja and not remitting it to the Osogbo division of the federal high court.
Mr. Ajulo equally exhibited a copy of the directory against the 3rd defendant, the Attorney General of the Federation, on the 25th of September,2012, interrogating him on the basis for his (AGF) conclusion in paragraph 3(1) of his counter affidavit that Governor Aregbesola is mentally fit, seeking to find out the nature of the test, be it physiological, psychiatric or psychological.
Also seeking to know if the AGF conducted the test on the governor, the NGO want to know the nature of the test conducted, name of the health institution the test was conducted and the name of the physician who conducted the test and a copy of such text result.
It would be recalled that the court, at a previous sitting, declined granting an application brought before it by Osun State Government seeking to dismiss insanity suit filed by the Organization, Egalitarian Mission Africa.
Justice Bilkisu Aliyu while hearing the matter before the was transferred out of the Abuja judicial division of the court, granted leave to Egalitarian Mission for Africa, to summon the Speaker of the Osun State House of Assembly and the personal physician to the Governor of Osun State, Ogbeni Rauf Aregbesola, to answer relevant questions to the suit.
In an Originating Summons of suit No. FHC/ABJ/CS/309/2012, the Plaintiff is praying for the following:
1) A DECLARATION that having regard to the combined provisions of Sections 176, 189, 193 of the Constitution of the Federal Republic of Nigeria 1999 (AS AMENDED), Section 104 of the Evidence Act, 2011, Section 2 (1), (2) and 16 (3) of the Freedom of Information Act 2011 or any other enabling laws whatsoever, and the circumstances of the documentary evidence annexed thereto, which suggest the medical unfitness of the Governor of Osun State, His Excellency Rauf Adesoji Aregbesola, the Plaintiff is entitled as of right to request for or gain access to information for the purpose of determining state of health of the Governor of Osun State, His Excellency Rauf Adesoji Aregbesola from the 2nd Defendant.
2) A DECLARATION that having regard to the combined provisions of Sections 176, 189, 193 of the Constitution of the Federal Republic of Nigeria 1999 (AS AMENDED), Section 104, 167 (d.) of the Evidence Act, 2011, Section 2 (1), (2) and 16 (3) of the Freedom of Information Act 2011 or any other enabling laws whatsoever, and the circumstances of the documentary evidence annexed thereto, which suggest the medical unfitness of the Governor of Osun State, His Excellency, Rauf Adesoji Aregbesola, the 2nd Defendant is required to present upon request the Medical Reports of the Governor of Osun State, His Excellency, Rauf Adesoji Aregbesola.
3) A DECLARATION having regard to the combined provisions of Sections 176, 189, 193 of the Constitution of the Federal Republic of Nigeria 1999 (AS AMENDED), Section 104, 167 (d.) of the Evidence Act, 2011, Section 2 (1), (2) and 16 (3) of the Freedom of Information Act 2011 or any other enabling laws whatsoever, and the circumstances of the documentary evidence annexed thereto, which suggest the medical unfitness of the Governor of Osun State, His Excellency, Rauf Adesoji Aregbesola, the withholding of the requested Medical Reports of the Governor of Osun State, His Excellency, Rauf Adesoji Aregbesola by 2nd Defendant is an admission of the Plaintiff’s suspicion of insanity of the Governor of Osun State, His Excellency, Rauf Adesoji Aregbesola.
4) AN ORDER mandating the 1st Defendant to invoke Section 189(4) of the Constitution of the Federal Republic of Nigeria 1999 (AS AMENDED) and set up a medical panel forthwith to subject the Governor of Osun State, His Excellency, Rauf Adesoji Aregbesola to a medical test of mental nature.
5) AN ORDER mandating the 2nd Defendant to make available to the Plaintiff and any other person or group and/or medical panel for the purpose of determining and investigating the Governor of Osun State’s state of health.
6) A DECLARATION that the 4th, 5th Defendants, and their agents, privies, officers, personnel and whatsoever called who are in sole responsibility of the Governor of Osun State, His Excellency, Rauf Adesoji Aregbesola’s security should allow the medical panel to examine the Governor of Osun State, His Excellency, Rauf Adesoji Aregbesola.
The Originating Summons is supported with 48 paragraphs Affidavit deposed to by Babs Akinwumi, a legal practitioner and the Country Director of the Plaintiff, and six Exhibits.
Among the exhibits are two letters in which the Plaintiff requested for the medical reports of the governor due to what the Plaintiff called the erratic and misguided utterance of the governor against the President, Vice President, a colleague governor and his outburst at National Economic Council in Abuja.
The Plaintiff, as a demonstration, also attached as exhibit President Barrack Obama’s Medical Reports.
The Plaintiff contends in the suit that in pursuant to her aims and objectives and due to the apparent concerns and anxiety over the mental state of health of Aregbesola, he wrote a letter dated March 16, 2012 to the 2nd Defendant, the Personal Physician of the Governor of Osun State, to produce the Medical Report of the governor.
The Plaintiff further avers that despite the receipt of the letter by 2nd Defendant, there was no response to the letter and consequent upon the Personal Physician’s refusal and an obvious concealment of medical history and reports of the governor, the Plaintiff again wrote another letter to the 1st Defendant, the Speaker Osun State House of Assembly, asking the Speaker to set up a panel of medical experts to verify and ascertain whether or not the Governor of Osun State is mentally sound.
The Plaintiff therefore argued that the provision of Sections 182 and 189 of the 1999 Constitution have made it imperative that the Governor’s medical situation must be ascertained and that the court must compel the speaker to set up a Medical Panel to do the medical examination on the governor.

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huN-hUn huN ( I clear throat)

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