A High Court of the Federal Capital Territory has granted leave to a former Governor of Ekiti State, Chief Segun Oni, to apply for an order of Mandamus to compel the Attorney General of the Federation and Minister of Justice, Mohammed Adoke (SAN), to commence criminal prosecution of the suspended President of Court of Appeal, Justice Ayo.
Justice Peter Affen, sitting in Bwari, granted the order today after agreeing with Oni’s counsel, Olusegun Ilori, on his position on the issue.
Affen said: “It is in the interest of justice, fair-play and the rule of law to prosecute the suspended President of the Court of Appeal, Justice Isa Ayo Salami, for giving false evidence as the prosecution borders on an issue of national interest, public concern, social justice and equality before the law.”
Citing the case of Fawehinmi v Akilu, and Abraham Adesanya v President, Federal Republic of Nigeria, Affen said the leave for Mandamus was not “granted merely for the asking.”
He said he exercised his discretion to grant the leave in view of it’s “public interest nature.”
He ordered Adoke to be served within 14 days and adjourned the matter till March 8, 2012.
In the Motion Ex-parte filed on January 26, 2012, Oni is seeking an order of the court granting leave to him to apply for an Order of Mandamus directing the AGF to institute Criminal Proceedings against Justice Salami “for giving false evidence contrary to Sections 156, 157 and 158 of the Penal Code Act, Laws of The Federal Capital Territory.”
Alternatively, Oni wants an order of the court directing the AGF to issue “a fiat to the Applicant to institute Criminal Proceedings against Justice Salami.”
He stated 26 grounds upon which the Order of Mandamus was being sought, supporting it with a three-paragraph statement of facts as well as a three-paragraph verifying affidavit he personally deposed to.
Oni attached four Exhibits to the application.
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