The supremacy battle between the traditional stool and the judiciary in Osogbo is getting tougher, as the Magistrate Court has issued another order for the arrest of Oluwo Of Iwo, Oba Abdulraseed Adewale.
The Magistrate Court presided over by Mr Olushola Aluko is insisting that the Oluwo Of Iwo should be kept in prison till the next adjourned date over his defiant attitude towards an earlier court order.
Olushola issued the fresh order during his sitting on Wednesday at the Osogbo Magistrate Court in Osun-State.
A Criminal Case
The magistrate had on December 20 issued a bench warrant against the monarch for his refusal to adhere to court order.
However, Olushola adjourned the case till December 27 for mention but the date was declared public holiday by the Federal Government.
The counsel to the applicant, Soji Oyetayo, was present in court on Wednesday for the magistrate to fix an enrollment date for the case.
But the magistrate responding to the request of the plaintiff said: “I want to clear the mind of the public about the case before me and I want to say that the application before me is a criminal case and not a civil matter at all.
“The Commissioner of Police should know and perform his legitimate duty under the law. He should find out whether or not three lorries of police man were sent to the Magistrate Court to rescue the magistrate that was initially trying the case in Iwo before the case was transferred to Osogbo.
“Indeed prison officials had to fire some gunshot before the situation at the premises of the court calmed down.
“When the first defendant failed to appear in this court, the court in exercising his power, as provided by law, issued bench warrant to compel the first respondent Oba Abdulrasheed Akanbi to appear before this court”.
The Magistrate for explained that by implication the monarch should be arrested and kept in prison till next date of the sitting for his failure to appear, as ordered by the court.
According to him, the bench warrant was issued in the presence of his lawyer, Mr Olaide Yekin and counsel to the Commissioner of Police Mr Abass Harunan the Officer in Charge of legal, State CID command Osun.
“After the event of last adjourned date the online media was awashed with threat allegedly issued by the first respondent, Oba Abdulrasheed Adewale to arrest me traditionally. I personally read and watched on Channels Television on Friday 23rd of December 2016 then on Monday 26th December 2016, Punch newspaper published it at page 12 a story caption: I’ll not appear before Osun magistrate.
“The story was also promoted on the front page of the paper, in the body of the story the first respondent was quoted as saying that “it is a shame on judiciary to have such magistrate sitting. I have the print out of the statement posted on channels Television and newspaper publication.
“It is no doubt that the statement are contemptuous in nature and they are meant to embrace and humiliate this court. Under the law, it is contempt espacal which attracts punitive action and this court has a duty to protect itself from assault and preserve the sanctity of judiciary and due process, therefore the case which brought the parties before me is hereby stepped down until this issue of contempt is cleared,” the Magistrate stated.
He further pointed out that the non-issuance of a bench warrant against the Commissioner of Police was not an excuse for the first respondent not to appear on the summon on him on October 10.
“The Commissioner of Police was sued on his official capacity hence he need not to appear personally. It is on that score that another bench warrant is hereby issued on the first respondent Oba Rasheed Adewale to appear before this court again personally on the first adjourned date which is 30th December 2016 to come and confirm if indeed he made those statement to explain what he meant by allegation of bias and the statement that read “it is a shame on the judiciary ” as published in the Punch newspaper and to stand by the statement if he uttered them or retract them consequently to tender unreserved apology to the court.
“This court shall deal with the matter primarily on the next adjourned date whether or not the first respondent is present in court. The enrollment shall be served to his counsel team lead by Olaide Yekin. That is mine position on the matter,” he added.
The case is expected to come up on December 30, 2016 whether or not the Oluwo of Iwo will appear before the court, the event unfolding will give the answers on the day.
Oba Akanbi had refused to appear in court in person to defend allegations filed against by Oluwo-Oke of Iwo-Oke, Oba Kadiri Adeoye, that he was sponsoring thugs and involved in Yahoo fraud.
Earlier on Wednesday he gave reasons for his refusal to appear in court.
He insisted that the lawsuit was the handiwork of some mischief makers who want to distract my compassionate leadership style and an attempt to get me docked so as to discredit the crown.
“How can I appear in court on defamatory allegations? There are two respondents in the case, Oluwo and State Commissioner of Police.
“The CP has been represented in court several times and I (Oluwo) have also been represented by three royal fathers and qualified layers, so why should the magistrate run after the crown leaving the man in khaki? This is an indication that something is wrong somewhere.
“If they can represent CP, why must they request the physical appearance of a first class ruler? You now insisted on docking Oluwo, maybe you meant another Oluwo not Adewale Abdulrasheed,” he said.