DAPO ABIODUN’S ILLEGAL AND VINDICTIVE FISHING EXPEDITION TO VICTIMIZE OGD: The State Has the Burden of Proving OGD Did Not Have Permits Instead of Asking Him to Come Show Permits

In a functioning democracy governed by the rule of law, the State wields power, but that power is not absolute. It is circumscribed by the Constitution, by statutory law, and by the principles of fairness. Sadly, the unfolding drama in Ogun State—where Governor Dapo Abiodun’s administration is threatening to demolish the property of his predecessor, Otunba Gbenga Daniel (OGD)—is beginning to look less like law enforcement and more like a vindictive fishing expedition aimed at political humiliation.

1. The Government’s Curious Logic

The state government’s position is that OGD’s property allegedly violated land laws or was built without proper approvals. Yet, instead of producing evidence of non-compliance, the government is demanding that OGD come forward to prove that he had permits—permits issued more than 15 years ago.

This argument is absurd on its face. Why? Because the Ogun State Government itself is the statutory custodian of all building permits and approvals. If those records no longer exist, it is because the government itself issued a directive to delete building records older than ten years on June 4th this year.

To now turn around and demand that OGD produce documents that the government deliberately destroyed is the very definition of bad faith and a good pointer that this governor, Dapo Abiodun was out to financially and socially decapitate his perceived rival for the Ogun East senatorial seat in 2027. Everyone can see this poorly disguised move except the Governor and his inept staff.

2. Burden of Proof in Law

The law is crystal clear:

• Section 131 of the Evidence Act (2011) states that he who alleges must prove. If the government alleges that OGD built illegally, the government must prove it.
• Nigerian courts have affirmed this over and over again. In A-G Bendel State v. UBA Ltd (1986), the Supreme Court reiterated that the party asserting a fact must establish it with evidence. In Ogunleye v. Oni (1990), the court held that government agencies, as trustees of public records, cannot shirk their duty by shifting the evidential burden to citizens.

Simply put: the burden is not on OGD to prove that he complied with the law 15 years ago—it is on the State to prove that he did not.

3. The Presumption of Regularity

Another principle that makes the State’s position untenable is the presumption of regularity. When a building has stood openly, occupied and undisputed for over 15 years—as OGD’s property has—the law presumes that it was lawfully erected unless clear evidence is produced to the contrary.

The government cannot sleep for over a decade, suddenly wake up, and claim that a building in plain sight was erected illegally. That is not law enforcement; that is harassment.

4. Selective Justice Smells of Political Witch-Hunt

Even more troubling is the selective nature of this crusade. Ogun State is dotted with countless properties that are decades old, many with incomplete paper trails due to poor archiving practices. Yet, the bulldozer of “justice” seems to be headed only in the direction of OGD. Why him? Why now?

The answer is obvious: political vendetta. Instead of focusing on governance—improving roads, fixing healthcare, reviving industries—the Abiodun administration appears obsessed with humiliating a predecessor whose political shadow still looms large in Ogun State.

5. Fishing Expedition Masquerading as Law

This is not about law. This is about power.
By demanding that OGD prove his innocence rather than the State proving guilt, the Abiodun government is reversing centuries of legal principle and inviting lawlessness. It is setting a dangerous precedent where governments can harass citizens by deleting official records and then demanding impossible proof from the victims.

If this dangerous precedent is allowed to stand, no property owner in Ogun State—or indeed Nigeria—can sleep with both eyes closed. Anyone can wake up tomorrow to discover that their property is suddenly “illegal” because the State “lost” or “deleted” their records.

Conclusion: Governance, Not Vendetta

The people of Ogun State deserve better. They did not elect Governor Dapo Abiodun to weaponize state power against political rivals. They elected him to deliver on infrastructure, jobs, and security.

If the State has proof that OGD’s property violated the law, let them produce it in court. If not, they should drop this fishing expedition and focus on governance. Anything less is an abuse of power, a perversion of justice, and a mockery of the rule of law.

Because in law, the rule is simple: He who alleges, must prove.
In the eyes of the law, the burden of proof is not a baton to be thrown at political rivals—it rests squarely on the shoulders of the accuser.

The Ogun State Government cannot delete its own records and then demand impossible proof from a citizen. That is not justice; it is vendetta. And if such abuse is allowed to stand, no home, no business, and no future in Ogun State is safe—because today it is OGD, but tomorrow it could be you. At the end of the day, the principle is simple and eternal: He who alleges must prove. Anything else is tyranny disguised as governance.

Dr Ope Banwo
USA-Based Attorney (Attorney Admitted in New York and Nigeria Bars),
Founder, Naija lives Matter and Mayor Of Fadeyi.