Adeola Omotunde, an Ilorin-based veteran legal practitioner has been
able to register his impacts as regards offering legal views on
germane issues in Nigeria. He speaks with our JUDICIARY CORRESPONDENT,
KAYODE ADEOTI, on the ranging crisis in Kogi State polity, among other
issues. Excerpts:
What seems to be trending now in our society is the issue of rape and
minors are the major victims…?
(Cuts in:) It’s a sign of moral degeneration in the country, many
people do not have control over themselves, it is not only in Kwara
but all over the world. Uncontrollable libido is one just feel like
having sex with anybody, even at anytime. The issue is worse in the
recent times, we now have parents who rape their daughters and
children are doing likewise to parents. People are reluctant to report
it because of the shame they feel it is associated with it. This ugly
development has crept into civil service, we have officers indulging
in the act for promotion sake. It is all over. I will not subscribe to
castration or death sentence for the offender, they are too stiff. But
I will subscribe to long term imprisonment, like 15 years. Penalty
should not be termination of life but a corrective measure. The way
out is through legislation, to strengthen our laws as regards rape
cases and also make it possible that victims have access to
counsellors, to get advice, we should stop protecting victims of rape.
We should create a friendly atmosphere for the victims to be able to
make their complaints.
Following the impeachment of the Kogi State deputy governor, the Chief
Judge (CJ) set up a panel which investigated and exonerated deputy
governor of the allegation against him. But, surprisingly the CJ has
sworn in another person, this development has continued to generate
debates especially in the legal circle, how do you see this?
Kogi is a peculiar state. When you constitute a panel for the purposes
of impeachment, you have to work on the report of the panel. The panel
was made of eminent indigenes of Kogi State headed by my brother and
boss, John Baiyeshea, SAN. The panel looked at the complaints, gave
everyone, both the accusers and accused, the freedom to express their
feelings and at the end, they came up with verdict of not guilty,
allegation not proved against the deputy governor, that ought to be
the end of that matter, it is supposed to die there, you cannot take
allegation that cannot be proven to the state House of Assembly. But,
accusers were in the House of Assembly, about 21 in number, when they
got the report, they acted on it and ordinarily, the report did not
give them any power to go forward; what they’ve done is illegal. Apart
from that, the matter is a political issue, Governor Yahaya Bello
doesn’t want the deputy governor to complete his term because they
have rift that appear irreconcilable, so they want the man out of the
way. For the CJ who constituted that panel, by law, after the panel
had submitted the report and found deputy governor not guilty, that
ended there, he ought not to allow the matter to go House of Assembly,
it was wrong of the CJ to have sworn-in another deputy governor, it
is wrong and illegal. There is no deputy governor under the law in
Kogi State now, what we have in the state is an illegality. The way
forward is simple, by next month, there will be an election, people
will determine who they want in power. If people are not pleased with
what has happened, they will remove the governor, I just pray the
power that be will allow people’s voice and vote to count in Kogi.
Do you also believe that politicians are now the ones determining
things at the judiciary?
It’s correct because judiciary is not independent, no freedom. The
judiciary heads still go to the executive, taps hands before they can
purchase things. He who pays the piper, dictates the tune. You cannot
fight a man holding a treasury, how can you expect a CJ who needs a
vehicle to fight governor in power. That is the problem we have in
Nigeria, there must be financial autonomy, that is the way forward.
The issue must be addressed by state and National Assembly, they both
have the duties.
