Viral Video Sparks Legal Battle As Osun Govt Demands Police Probe Of Fadahunsi

The Osun State Government has approached the state High Court seeking an order compelling the Inspector-General of Police (IGP) and the Commissioner of Police in Osun State to investigate a viral video allegedly showing Senator Francis Fadahunsi making threatening remarks against members of the Accord Party.

The application was filed by the state government through the Attorney-General, who is also asking the court to direct the police to preserve and conduct a forensic examination of the video, provide protection for individuals who may be at risk and take appropriate legal action if the investigation establishes that an offence was committed.

Fadahunsi, who represents Osun East Senatorial District, was listed as the interested party in the suit, while the IGP and Osun Commissioner of Police were named as the first and second respondents.

The case, filed as an application for judicial review and an order of mandamus, centres on allegations bordering on incitement to violence, threats to life, electoral violence, political intimidation and conduct capable of disrupting public peace ahead of the August 15 governorship election.

According to the originating motion, the Attorney-General wants the police to obtain and preserve the complete version of the video and subject it to forensic analysis to establish its authenticity and context.

In an affidavit supporting the application, the Special Adviser to the Osun State Governor on Legal Matters, Nurudeen Kareem, said the controversial footage had recently come to the attention of the state government.

The affidavit alleged that Fadahunsi was heard making comments to the effect that APC members should attack Accord Party members wherever they were found.

It further alleged that the senator made references to the wives and children of Accord members and allegedly called on APC supporters to “kill them all.”

The affidavit also claimed that Fadahunsi urged supporters to chase Accord members from hotels and made disparaging comments about the yellow caps associated with the party.

The allegations have not been established by a court.

Govt Raises Security Concerns

The Osun Government argued that, if authenticated, the remarks attributed to Fadahunsi would constitute an “immediate, serious, and credible security concern” capable of putting lives at risk and disrupting public order.

According to the government, Accord candidates, agents, supporters and members had raised concerns about their safety as the election approaches.

The state stressed that the proximity of the August 15 governorship election made an immediate investigation necessary.

It argued that security agencies should not wait until violence, injuries or deaths occur before acting on an alleged public call for attacks against political opponents.

The government maintained that the police have constitutional and statutory duties to prevent crime, protect lives and property, maintain public order and investigate credible allegations of criminal conduct.

‘Suit Not Seeking Fadahunsi’s Conviction’

The Attorney-General clarified that the application was not asking the court to declare Fadahunsi guilty of any criminal offence.

Rather, the government wants the court to compel the police to investigate the allegations and take appropriate action if sufficient evidence is found to justify prosecution.

The state said the viral video had been submitted to the court as Exhibit AGOS 1, while a transcript or summary of relevant portions was marked Exhibit AGOS 2. An English translation, where required, was presented as Exhibit AGOS 3.

Among the reliefs sought is an order directing the police to provide preventive security for Accord members, supporters, candidates, agents and officials, as well as other residents who may face threats or intimidation.

The government also wants the police to investigate how the video was created and circulated and determine whether the alleged comments violated the Criminal Law of Osun State or other applicable laws.

Where reasonable grounds are established, the government is asking the police to exercise their lawful powers, including inviting individuals for questioning, making arrests where justified and initiating or recommending criminal proceedings.

It urged that any such action should be taken “without regard to political status, public office, or political affiliation.”

Govt Seeks Preservation Of Video Evidence

In its written address, the state argued that the allegations, if authenticated, went beyond ordinary political rhetoric.

The government submitted that the alleged comments could potentially fuel fear, political violence, voter intimidation and disruption of the electoral process.

It also asked the court to restrain anyone acting on the alleged statements from threatening, attacking or intimidating Accord members or unlawfully preventing registered voters from exercising their rights.

The Attorney-General further requested an order compelling the police to submit a comprehensive report on steps taken to comply with any orders granted within 48 hours, or within another period determined by the court.

The government said preserving the electronic evidence was important because digital recordings could potentially be altered, deleted or lost.

It added that a forensic examination would also protect Fadahunsi’s interests by determining whether the footage was complete, authentic and an accurate representation of his words and their context.

The Attorney-General consequently urged the court to grant the application in the interest of public safety, electoral peace, justice and the rule of law.