An Osun State based human rights group,Committee for Democracy and Rights of the People(CDRP) has petitioned the State Governor,Mr Rauf Aregbesola and the Acting Chief Judge of the State,Justice Gloria Oladoke over illegal substitution of a criminal case before a Magistrate court division in Osogbo which is presided over by Mrs Habibat Bashiru.
It was gathered that the criminal case involved Ladoke Akintola University of Technology Teaching Hospital ,Osogbo and its staff,Jimoh Basirat Olabisi over an illegal termination of her appointment with the teaching hospital without sack letter .She was sacked for allegedly using of fake National Diploma notification of result of Osun State Polytechnic ,Iree for upgrading and conversion in 2010.
It was also learnt that the charge sheet of the case has been substituted for three times since the case started before the magistrate court division in June this year which slowed down the pace of the case in the court of law.
In a petition dated 6th of December,2012 and signed by the group’s Deputy State Chairman,Comrade Musiliudeen Idowu Oladimeji,which a copy was made available to newsmen at the weekend in Osogbo, Governor Aregbesola and Justice Oladoke have been urged respectively to ensure the case heard on merit and judgement should not be for highest bidder in the state.
The petition reads in part,”It is our responsibility as stakeholder to draw your attention to a criminal case with suit No:Mos/717c/2012,between Commissioner of Police and Jimoh Basirat Olabisi,on a frame up case now fraudulently been(sic) substituted with another charge from Ministry of Justice with suit No:Mos/802c/2012:state vs Jimoh Basirat Olabisi.
“The aforementioned case was originally slated for trial on Monday3rd December,2012 in which a witness in person of Mr George Daramola Oyeniran,the Director of Administration,Ladoke Akintola University Teaching Hospital,Osogbo was called to a witness box after (being) sworn to an oath of the court where he was cross examined by the Police Prosecutor,Sergeant Elaisha Olusegun for one hour twenty five minutes(1hrs 25 mins) before Magistrate Habibat Bashiru.
“The said Presiding Magistrate adjourned ruling till December 5th,2012 after Mr.George Daramola Oyeniran tendered uncertified document before the court which the counsel to the accused person,Barrister K.B.Odedeji opposed.Surprisingly,the case took a new dimension on December 5th,2012 when the ruling that was supposed to come before any other matter on the case was deliberately abandoned by Magistrate Habibat Bashiru; and later admitted another charge illegally brought by another Lawyer from Ministry of Justice,Mr Rotimi Faremi,What a compromise?”
“CDRP equally wants to inform you that the Chief Medical Director(CMD),Professor Solomon Olufemi Fadiora and the Management team of the LAUTECHTH have vowed that the poor lady will end up in Ilesa maximum prison at the end of the case which we see as prejudice to the sanctity of Justice.Evidence for this is readily available for verification”,the group added.
The group alleged in the petition that LAUTECHTH legal officer,Mrs Oluwatosin Omosalewa Olawepo paid an unscheduled visit in company of her husband on Monday 3rd December,2012 evening at exactly 9.30pm to the private residence of the Magistrate Habibat Bashiru as a way to influence the case which made the presiding Magistrate to concede to their plea in court and suspended the ruling earlier fixed for 5th of December,2012..
The group said,”To frustrate the case further, a long adjournment was granted by Magistrate Habibat Bashiru from 5th of December ,2012 till January 23rd 2013 for hearing of the case as against ruling for 5th December,2012 on uncertified document tendered by police prosecutor.
“As third eye of the people,it is our joint responsibility to protect the rule of law and ensure that justice should not be for sale,as the judgement of God is supreme.The law is to protect the citizens of Nigeria and should not be used unjustly to perpetrate and to inflict punishment on poor and innocent citizen”.
“The conduct of Magistrate Habibat Bashiru is a testimony to the fact that there can never be justice on the case. It is erroneously believed that (an) individual can not fight injustice perpetrated by government institution and get justice even when the citizen right is violated.Institution should not be favoured against citizens …as there can not be institution without citizens.We shall therefore in this circumstance urge that the justice must not only be done but must be seen to have been done in this case”,the statement submitted.