NBA Petitions Osun CP, Reports Egbedun Over Alleged Assault On Lawyer

The Osun State chapter of Nigeria Bar Association, NBA, has petitioned the state commissioner of police, Muhammed Abba over an alleged assault on its member by the Speaker, Osun house of assembly, Rt Honourable Adewale Egbedun.

The association in a statement jointly signed by its chairman, Saheed Abiona and its Secretary, Ibrahim Hassan, held that the speaker assaulted and brutalized a legal practitioner, Muideen Yusuf, who was executing a court’s judgment.

The association explained that Yusuf is one of the Counsels for the Gbaemu Royal family of Osogbo and the Plaintiff/Judgment Creditor in suit no: HOS/92/2021 Prince Olalekan Salami against the state’s Governor.

It further revealed that the Egbedun’s action is punishable under Section 37 (2) of the Criminal Code, Cap 2, Laws of Osun State and Section 133 (1), (3), (8) and (9) of the criminal code and obstruction of officers of courts of justice contrary to the provision of Section 145 of the criminal code, among others.

The petition reads, “On behalf of the entire members of the Nigerian Bar Association, Osogbo Branch, we write to lodge this criminal complaint against the Speaker of the Osun State House of Assembly, Rt. Hon. Wale Egbedun on his deliberate and wilful obstruction of the execution of the judgment of the Osun State High Court and physical assault melted on a Legal Practitioner, Muideen Adeshina Yusuf Esq. on 5th of July, 2024.

“Our said colleague, Muideen Adeshina Yusuf Esq. is one the Counsel for the Gbaemu Royal family of Osogbo and the Plaintiff/Judgment Creditor in Suit NO: HOS/92/2021 PRINCE OLALEKAN SALAMI VS. THE EXECUTIVE GOVERNOR, OSUN STATE & ORS. in which judgment was delivered in 2022.

“Consequent upon the said judgment and the refusal of the judgment debtors including the Governor of Osun State and others to deliver peaceful possession of the piece of land which was the subject of litigation, our colleagues rightly commenced process of executing the said judgment. Approval was thereafter given by the appropriate Court officials for the execution after which Police protection was sought and granted by your humble self.

“The execution was fixed for 5th July, 2024 and as planned the Chief Bailiff of the State High Court with Police Officers approved for him moved to the venue of the execution at Capital Hotel Area, Osogbo-Iwo Road, Osogbo and was carrying out their lawful duties while our colleague was also monitoring the execution of the judgment.

“Curiously, while the execution was still ongoing, Rt. Hon. Egbedun arrived the scene of the execution in a Gestapo and Commando manner, he commanded the halt of the execution process, he beckoned on the head of the Security Agents and requested thatthe Police should leave with immediate effect. He informed the Head of the Security that he had spoken with the Deputy Commissioner of Police.

“At this point our counsel who realized that the Rt. Hon. Egbedun had striped him and the Court Bailiffs off, of the security cover provided by the presence of the Security Agents, had to approach him and introduce himself as a lawyer to the Speaker who was present at the scene to monitor the execution and protect the interest of his client. As our colleague was gesticulating, he pointed a finger at the Speaker, but the Speaker seemed unpleased with the fact that he pointed at him and suddenly Hon. Egbedun became aggressive, replied by saying, “you are mad for pointing your finger at me”, as if that was a signal from Hon. Egbedun to his aides that our colleague be dealt with, our colleague was descended on with heavy blows and slaps under the nose of the Hon. Egbedun.

“The situation became worse and our counsel was left to battle for his life as Hon. Egbedun’s aids and trespassers took the advantage of the situation and continue to physically assault our colleague and the Chief Bailiff, Mr. Kosamotu Lateef.

“Hon. Egbedun’s action of deliberate obstruction of execution of valid judgment of the Court of competent jurisdiction can be likened to situation of waging war against the judicial arm of the state and waging war against the state which is criminalised by criminalised under Section 37 (2) of the Criminal Code, Cap 2, Laws of Osun State. It is an act of abuse office contrary to the provision of Section 104 of the Criminal Code. 2

“Most important of all Hon. Egbedun’s action amount to perverting of justice contrary to the provision of Section 126 (1) of the criminal code and punishable by imprisonment for seven years, contempt of court contrary to the provisions of Section 133 (1), (3), (8) and (9) of the criminal code and obstruction of officers of courts of justice contrary to the provision of Section 145 of the criminal code.

“Furthermore, as a public servant and an authority, Hon. Egbedun is mandated by the provision of Section 287(3) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) which he sworn to upon elected as the Speaker of the State House of Assembly to ensure that the decision of a High Court and all other courts established by the constitution is enforced in any part of the federation contrary to Hon. Egbedun’s action of deliberate obstruction of enforcement of the judgment of an High Court of Osun State.

“Finally the assault melted on our colleague is also criminalise under the criminal code law for which your offices is mandated to investigate and any culprit brought before a competent court for prosecution. Hon. Egbedun cannot in anyway be above the law and his actions on 5th July, 2024 be subjected to thorough Investigation and subsequently refer to appropriately court for prosecution.”