Early this yr, the Zazzu crooner, singer, Transportable, had his properties marked for demolition by the Ogun State Authorities. He was in actual fact arraigned for resisting the officers from Bodily Planning. Nevertheless, he not too long ago uploaded a video exhibiting that he had obtained the needed permits, and his properties have been by no means demolished. In Ogun State, as in different states, violators or constructing legislation have their properties marked all the time. Some are demolished, some will not be: the distinction lies in the willingness by the property homeowners to fix their methods by acquiring the needed approvals and correcting no matter the authorities desires corrected. That’s clearly the follow in Ogun State. However some folks apparently suppose that they’re above the legislation, and that brings us to the case of Gbenga Daniel, the senator representing Ogun East in the Nationwide Meeting.
In an acerbic, demonstrably foolish piece titled “Dapo Abiodun’s unlawful and vindictive fishing expedition to victimize OGD,” one Dr Ope Banwo who pompously masses himself with the titles, “USA-Based mostly Lawyer (Lawyer Admitted in New York and Nigeria Bars), Founder, Naija lives Matter and Mayor Of Fadeyi”, rehashes the introduced-in-useless arguments of the camp of Gbenga Daniel, over his failure to adjust to lawful authorities order and submit the constructing plan and approvals of his properties in Sagamu GRA for verification. For a resident of the United States the place the legislation presumably is aware of no political affiliation, the irony in Banwo’s bolekaja piece riddled with authorized fake pax, innuendos and vile abuse is certainly wealthy. A problem to Banwo earlier than one other sentence: Are you able to stage the sort of stunt for which you might be commending and enabling Gbenga Daniel in the United States the place you reside? In its directive, the Ogun State Authorities gave a possibility to these with irregularities of their papers to regularize them whereas providing a two-week window for compliance. However apparently, blind and uncooked hatred, the type exhibited by Banwo in the direction of Governor Dapo Abiodun in his bid to propitiate his (Banwo’s) tin god, is a illness.
Pray, when did the Ogun State Authorities ever ask Senator Daniel to show his innocence? The purpose merely is that the distinguished senator claims that he has permits for his buildings in Sagamu GRA and the Ogun State Authorities has known as on him to offer proof of these permits. In Nigeria, it’s the one that claims the presence of a factor that should show it – even when he’s a defendant. In Omisore & anor v. Aregbesola (2015) LPELR-24803(SC), the Supreme Courtroom adumbrated this precept as follows: “This maxim, which developed from the outdated Roman jurisprudence, was expressed thus: incumbit probation qui dicit, non qui negat. It involves this – the burden of proving a reality rests on the social gathering who asserts the affirmative of the problem and never upon the social gathering who denies it – for a unfavorable is often incapable of proof. Part 131(1&2) of the Proof Act 2011 offers that: “Whoever wishes any court docket to offer judgment as to any authorized proper or legal responsibility depending on the existence of information which he asserts shall show that these information exist.” It’s unbelievable that an lawyer doesn’t realise that the burden of proving the existence of the permits in query rests on nobody however Senator Daniel.
If the former governor claims to have permits for the buildings in query, the onus is on him to show it. As he himself has admitted, there’s multiple property is in dispute, and a few are current developments. However the allegation that the Abiodun authorities is retroactively making use of the legislation doesn’t even come up. Here’s what part 72(3) of the Ogun State Bodily Planning Regulation says: “An enforcement discover could also be issued beneath subsection(1) of this Part, however that the unauthorized growth, renovation, alteration, restore, addition, or violation happened earlier than the graduation of this Regulation.” Except put aside by a court docket with the requisite authority, that is the legislation in Ogun State. Certainly, a lawyer of Dr Banwo’s esteemed standing can be keen to grant the Ogun State Authorities the proper to implement its personal legal guidelines? Or is legislation enforcement now anathema as a result of it’s almighty Daniel, who constructed the buildings in query throughout his time in Authorities Home and who brooked no dissidence from any quarters, that’s concerned? Is there one legislation for Daniel and one other one for others?
The concept that a state governor who hurriedly accomplished some homes in breach of the legislation can’t be questioned is totally unusual, and stranger nonetheless coming from a lawyer. Certainly the hottest a part of hell is reserved for individuals who, for partisan causes, stand reality and logic on its head. Banwo even cites a sure precept known as the presumption of regularity. The thought is that since Gbenga Daniel was governor, his actions have to be presumed authorized. In different phrases, it have to be assumed that he had the requisite papers after allegedly grabbing authorities land. This appears like hero worship and dictatorship wearing authorized robes. If Dr Banwo is correct, then there isn’t a purpose to ask a former state chief government to submit any papers. Then why even query a former governor about something in any respect? That is actually a slippery slope to hell by Dr Banwo, who thinks {that a} presumption of innocence is the identical factor as proof of innocence. I maintain {that a} presumption of innocence is simply an assumption which may be proved or disproved. In any case, if Senator Daniel had merely abided by the lawful order given by the Ogun State Authorities to current his papers for verification, there would have been completely no want for Dr Banwo to reveal himself so terribly as a partisan hack with a wealthy resume.
