Governor Isiaka Gboyega Oyetola and his Deputy, Benedict Alabi of Osun
State, have been dragged to court for taking oaths of office as Governor
and Deputy Governor of “State of Osun” instead of Osun State during
their swearing in ceremony on November 27, 2018.
Chairman, Nigeria Bar Association (NBA), Ilesa Branch, Kanmi Ajibola filed the suit before the court.
Ajibola
asked the court among other things to set aside the swearing-in of the
defendants as governor and deputy governor of “State of Osun” as
illegal, unconstitutional, null and void.
It would be recalled
that Justice Yinka Afolabi of the state High Court, Ilesa had declared
the use of “State of Osun” as illegal and unconstitutional while
delivering judgment on December 14, 2017 in a suit filed by the same
activist lawyer against the enactment of a law tagged “State of Osun
Land Use Tax Law”.
Besides, the same judge struck out the stay of
execution application of the judgment filed by the state government on
December 4, 2018 for lack of diligent prosecution.
In the fresh
suit, Ajibola who said he filed his case in pursuant to Section 6 (6)
(b) and 24 of the 1999 constitution and Order 3 Rules 5 and 8 of the
High Court of Osun state brought before the court some questions for
determination.
According to him, it must be determined “by making an
interpretative inference from the State (Creation and Transitional
Provision) Act, Annotated Laws of the Federation of Nigeria 2014 and the
oath of office of the Governor of a state contained in the Seventh
Schedule of the 1999 Constitution whether what the Constitution created
is the State of Osun.”
And that by the community reading of the
same act and the 1999 constitution with its schedules and the case of
Aregbesola versus Oyinlola (2010) LPELR – 3805 (CA) whether the 1st
Defendant is the “Governor of State of Osun”.
He also asked the
court to determine whether the swearing-in of the defendants are lawful
and constitutional and whether they can lawfully benefit to their
advantage, based on their “unlawful and unconstitutional occupation” of
public office as the Governor and Deputy Governor of State of Osun
respectively.
Ajibola sought nine reliefs and one of it was a
declaration that in law and semantic analysis, the “State of Osun” is
not the same thing as “Osun State”.
He asked the court to set
aside the swearing –in of the defendants as the governor and deputy
governor of “State of Osun”, declared the exercise as a nullity and
order them to refund to the state the salaries, allowances, and security
votes taken from the 27th day of November 2018 to the time they cease
to exist as the governor and deputy governor of State of Osun.
Ajibola
also asked for an order restraining defendants, in their respective
capacities as the governor and deputy governor of “State of Osun” from
taking, in the name of Osun State, any local and foreign loan(s) from
any financial institution or other lending bodies for the purpose of
implementing any projects of whatever kinds in the state.
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