A legal expert, Mr Wahab Shittu, yesterday said the family
of late Senator Isiaka Adeleke can only refuse to appear before a state-ordered
inquest if the decision is backed by a court order. He said refusing to appear
before a Coroner could be unlawful.
Shittu, however, said the circumstances of the Senator’s
death means it may not be ideal to compel the family to appear at the inquest.
The University of Lagos (UNILAG) law teacher was reacting to
the family’s rejection of a coroner’s Inquest ordered by the Osun State
government to determine the cause of the politician’s death.
Following Adeleke’s death on April 30, Governor Rauf
Aregbesola signed an executive order setting up a coroner inquest under the
state’s Coroner Law of 2002. He appointed a Magistrate, Mr Olusegun Ayodele, as
the Coroner.
Rejecting the inquest, the family said it was ill advised,
self serving and its outcome per-determined.
Shittu said other factors outside the legal consequences
of the family’s rejection of the inquest must be considered.
“Without a court order, it’ll be difficult for the family to
sustain its position, because that may be tantamount to interfering with lawfully
constituted authority.
“But these are not issues that can be resolved by legal
considerations alone. We also have to take into cognizance other permutations,
including the psychological feelings of the family.
“This is why it’s not a matter that is strictly legal. There
are extra-legal factors that need to be considered going forward,” he said.
According to Shittu, the family has genuine reasons to be
emotional.
“Considering the circumstances surrounding Senator Adeleke’s
death, the family or any other sane Nigerian is entitled to be suspicious. This
was a man who a day previously was not showing any signs of any sickness. This
may have informed the decision taken by the family, obviously out of
frustration.
“I must say that inspite of that, the family is advised to
cooperate and collaborate with the state government in determining the cause of
death of this great Nigerian.
“I want to also believe that the government of Osun State
under Ogbeni Aregbesola means very well in this exercise. The family will be
doing the soul of the departed good if they cooperate until we see cogent and
compelling evidence of complicity.
“This inquest is not something that is capable of being
manipulated because the entire world is watching,” Shittu added.
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