Justice Kudirat Akano gave the ruling on Thursday, January 26, 2017.
The justice refused to grant the order of mandamus sought for to compel the governor to produce details of funds released to the state judiciary since 2010.
She agreed that the applicant, Barrister Kanmi Ajibola has the right under the Freedom of Information Act and the 1999 Constitution.
Justice Akano informed Ajibola who was represented by Barrister Samuel Echeonwu that she came to a conclusion that the defendant has the right to be put on notice, “I therefore urge you to file your motion on notice”.
According to Ajibola who had sought five relieves on a special demand, the state judiciary deserved a financial autonomy.
However, Barrister Ajibola said the ruling departed totally from the stipulation of the law, adding that he will appeal the ruling.
“The decision of his lordship, Hon. Justice Kudirat Akano, this morning was a kangaroo ruling, in that, it totally departed from the position of all known laws in respect of the subject matter.
“Order 40 Rule Rule 3 of the Osun State High Court Amended (Civil Procedure) Rules 2008 is to the effect that, an application for a judicial review , { as in this case, mandamus }, an ex parte application shall be made to court for the purpose of securing leave, not by motion on notice as directed by the court this morning.
“In the case of Akanbi vs. Alao (1989) LPELR-SC. 117/1987, the Supreme Court has held that, the Rules of Court has a constitutional force. In effect, the ruling of the court on this issue is against the constitution of the Federal Republic of Nigeria.
“I am filling an appeal against this ruling immediately because of time factors, that Aregbesola might not go free unchallenged on all his unconstitutional evil deeds .”
