By Pelumi Olajengbesi Esq.
As a legal practitioner of Osun State descent, I believe we should be our brothers’ keepers. That is why I am offering this free advice to every individual currently occupying any Osun State local government secretariat without clear and valid legal authority, even if you believe you have police cover.
The names of all the individuals who have illegally taken over local government premises are being compiled by appropriate authorities who believe that the current leadership of the police is compromised. Be wise and protect your name and future. Politics will move on, but the case will not move on.
There is one thing about criminal liability that many people ignore in the heat of politics. As a general rule, criminal responsibility does not evaporate simply because time has passed or because somebody was powerful at the time it happened. Limitation laws are typically aimed at civil claims, and while some minor or regulatory offences may have time limits, criminal conduct of the nature outlined below remains prosecutable when the evidence and jurisdictional requirements are met.
If you are occupying an office without lawful authority, or you remain after your lawful authority has ended, you are exposing yourself to personal criminal risk, not party risk, not group risk, personal risk. The law can revisit it later, quietly, thoroughly, and without the political noise you are relying on today.
Below are the offences being committed by the individuals occupying the local council premises.
1. Forcible entry
Entering and taking possession of premises with force and without lawful authority. See section 81 of the Criminal Code Act.
2. Forcible detainer
Remaining in possession with force after entry, against the person entitled to possession. See section 82 of the Criminal Code Act.
3. False assumption of authority
Holding yourself out as having official authority you do not lawfully have, or acting under colour of such authority. See section 107 of the Criminal Code Act.
4. Personating a public officer
Representing yourself as a public officer, or doing any act in that assumed capacity, when you are not lawfully so. See section 108 of the Criminal Code Act.
5. Forgery and use of forged documents
This becomes relevant where any person signs, issues, or circulates documents as “Chairman”, “Councillor”, “Executive”, “Accounting Officer”, or authorises payments, letters, or instructions on that basis. See sections 465, 467, and 468 of the Criminal Code Act.
6. Stealing or unlawful conversion of public property or funds
Any taking, conversion, or dealing with public funds, revenue, vehicles, equipment, office assets, or materials as if entitled, without lawful authority. See sections 383 and 390 of the Criminal Code Act.
7. Wilful or malicious damage to government property
Breaking doors, damaging locks, offices, furniture, equipment, files, ICT systems, or any council property. See section 451 of the Criminal Code Act.
8. Assault and related offences
Where there is intimidation, physical harassment, or molestation of civil servants, security personnel, or members of the public. See section 355 of the Criminal Code Act.
A police cover is not a legal defence. It may delay consequences, but it does not erase liability. Many criminal allegations, especially those involving force, impersonation, forgery, stealing, and injury to persons or property, can follow a person long after the political season has passed.
This is the hard truth.
Pelumi Olajengbesi is an Osun State born legal practitioner.
