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  • News - South West - Osun
  • Updated: May 23, 2024

Death penalty: Court grants Osun lawmaker leave to sue Akpabio, others

Death penalty: Court grants Osun lawmaker leave to sue Akpab

Justice Mashkur Salisu of the Federal High Court sitting in Osogbo has granted Osun State lawmaker, Kanmi Ajibola leave to sue the National Assembly and the 36 Houses of Assemblies over their refusal to amend the laws relating to corrupt practices in Nigeria. 

Ajibola, who is a former Chairman of the Nigeria Bar Association, NBA, Ilesa branch representing Oriade State Constituency also joined the Attorney-General of the Federation and his counterparts in the 36 states in the said suit. 

Giving the order of Mandamus on Wednesday, Justice Salisu granted all the leaves sought by Ajibola after listening to the arguments of his counsel, Barrister Salihu Aliyu over the plaintiff's locus standi and the jurisdiction of the court to entertain the matter.

One of the leaves granted was an Order of Mandamus compelling the respondents to perform their statutory duty of lawmaking by way of commencing the amendments of the nation’s anti-corruption to incorporate capital punishment against the public officials that swindle public funds.

Ajibola pointed out the 1999 constitution, the Money Laundering, the Corrupt Practices and Other Related Offences and the Economic and Financial Crimes Commission Acts and the Criminal and Penal Codes should be amended to give room for the death penalty against any corrupt officials. 

He further asked for "the amendment of the way of commencing the amendments of Sections 174 (1)(c) and 211 (1)(c) of the Constitution that will remove the powers of the AGF and the AG of a State to discontinue at any stage before judgment any proceedings instituted against any Public Officials standing trial on charges of swindling the public funds.”

The lawmaker asked, "that the National Assembly should also commence the amendments of Section 270 of the Administration of Criminal Justice Act, and Gazette No. 254, Vol. 110 dated the 4th day of October 2023 and Other Related Laws that will deprive the Public Officials of standing trial on charges of swindling the public funds, from the benefits of Plea Bargaining."

The lawmaker had initially written to the Senate President, Godwin Akpabio and the Speaker of the House of Representatives, Tajudeen Abass giving them 30 days to commence the amendment of the 1999 constitution and other extant laws that will death penalty to corrupt public officials. 

After the expiration of the deadline, Ajibola approached the court with an application of Mandamus attached with 56 paragraphs affidavit by filing an ex-parte motion under Order 34 Rule 1 of the Federal High Court and Sections 6 (6) (B), 251 (I) (P) of the 1999 constitution. 

Justice Salisu ordered that the defendants be served for the commencement of the matter.

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