Efforts by the former Governor of Ogun State, Otunba Gbenga Daniel, to stop the Truth Commission from sitting for the second time yesterday hit a brick wall as the commission declared his argument as “unmeritorious and has no basis in law.”
The Truth Commission was set up by the state governor, Ibikunle Amosun, to review the activities of the immediate past administration in the state with a view to reconciling aggrieved parties and ensure justice for all. The five-man commission, under the chairmanship of Justice Pius Olayiwola Aderemi, a retired Justice of the Supreme Court, commenced its public sitting at Court 7 of the state High Court Complex, Isabo, following the ruling of Justice Peter Onamade of the state high court which vacated an injunction that restrained it from continuing sitting.
It will be recalled that Daniel had earlier approached the state high court, seeking an injunction to restrain the commission from sitting, saying that it was an attempt to indict him. At the inauguration of the commission’s public sitting yesterday in Abeokuta, Daniel’s counsel, Dr. Yemi Oke, brought to the attention of the commission, a motion on notice which restrained the commission from sitting. Oke argued that a suit No: C/311/2011 has been entered at the Court of Appeal in Ibadan, seeking to restrain the commission from continuing sitting.
Oke, who claimed that the Secretary of the Commission, as well as the Attorney General of Ogun State have been served with the motion, prayed the commission to adjourn the proceeding to abide by the outcome of the application pending the hearing and final determination of the case before the Court of Appeal. Daniel’s counsel also argued that there exists disputes between the commission and his client, adding that he has no grouse with the memoranda submitted by members of the public in the state.
Citing appropriate section of the Constitution, Dr. Oke further submitted that he and his team were against the terms of reference of the commission as it was capable of derogating Daniel’s rights as guaranteed by the law, appealing to the commission to abide by the law and not be seen to appear too desperate at unraveling the truth in the state. Responding, Counsel to the commission, Olubunmi Koleowo, faulted Dr. Oke’s claim on the ground that none of the memoranda before the commission has ever indicted the former governor and that it would amount to accepting guilt before it is pronounced going by Daniel’s counsel’s argument. Koleowo also argued that an appeal does not operate as a stay of proceedings in law, hence, Daniel’s appeal was inadequate to stop the commission from continuing its sitting.