Fundamental rights not mere rights – Ogun monarch says as he sues Abiodun over suspension

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Ogun State Governor Dapo Abiodun

 

Oba Akintunde Akinyemi, the Eselu of Iselu Kingdom in Yewa North Local Government Area of Ogun, on Wednesday, sued Gov. Dapo Abiodun and other state officials over his suspension.

The traditional ruler seeks the enforcement of his fundamental human rights and an interim injunction restraining the state government from enforcing the suspension.

The suit, filed on Oct. 23 at the Federal High Court, Abeokuta, listed Abiodun, the state Attorney-General, the Commissioner for Local Government and Chieftaincy Affairs and the police authorities as respondents.

At Wednesday’s hearing, the applicant’s counsel, Mr Dele Fadesere, urged the court, presided over by Justice A. A. Okeke, to grant the application.

Fadesere argued that the traditional ruler was denied a fair hearing before his suspension.

He told the court that the exhibits showed the applicant was not allowed to defend himself against the allegations that led to his suspension.

“Fundamental rights are not mere rights. They are rights that stand above other considerations, and one of the most important is the right to a fair hearing,” he submitted.

He questioned why the persons behind the allegations were not brought forward to confront the applicant.

“This is a classic case of executive lawlessness, and such actions should not be allowed to stand,” Fadesere said.

He urged the court to grant the application in the interest of justice and to protect the applicant’s fundamental rights.

In an affidavit supporting the application, Akinyemi said he received a suspension letter, dated Oct. 20, directing him to vacate the palace.

He added that the affidavit also ordered him to stop parading himself as the Eselu of Iselu Kingdom and refrain from wearing or using royal paraphernalia.

He alleged that he was not given prior notice or an opportunity to be heard before the suspension took effect.

The traditional ruler is also seeking an order restraining the respondents from forcing him out of the palace and preventing him from performing his traditional functions.

In addition, he is seeking a restraining order to stop the respondents from interfering with his rights and privileges as a traditional ruler.

He argued that enforcing the suspension before the suit’s determination would irreparably damage his traditional dignity and the Eselu of Iselu institution.

However, the judge adjourned the case until Nov. 11 for ruling on the application.

The Ogun Government suspended Akinyemi on Oct. 20 over alleged involvement in partisan political activities.

The government said the State Executive Council approved the suspension pursuant to Section 52(1) of the Ogun State Obas and Chiefs Law, 2021, pending an investigation into the allegations.

In a statement issued by the Governor’s Special Adviser on Media, Mr Kayode Akinmade, the government said traditional rulers were expected to remain fathers to all and avoid partisan political activities.

It said this was in line with customary law and statutory provisions.

According to the statement, the suspension was necessary to safeguard the neutrality and integrity of traditional institutions while investigating the allegations.

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