- Barrister Kanmi Ajibola, the chairman of Ilesa branch of NBA, has dragged Governor Isiaka Oyetola and his deputy, Benedict Alabi, to court over oath of office
- The lawyer asked the court to declare the swearing-in of the duo as illegal, null and void
- Ajibola said that Oyetola and his deputy were sworn-in as the governor of the state of Osun not as the governor of Osun state as being recognised by law
The chairman, Nigeria Bar Association (NBA), Ilesa branch, Osun state, Kanmi Ajibola, has dragged the state governor, Isiaka Oyetola and his deputy, Benedict Alabi to court, for taking their oaths as governor and deputy governor of 'State of Osun' and not of Osun state during their swearing-in on November 27.
Vanguard reports that Ajibola, who filed a 28-paragraph affidavits along with his originating summons at the Osun state high court, Ilesa, on Thursday, December 27, 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.
Legit.ng gathered 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 November 27, to the time they cease to exist as the governor and deputy governor of state of Osun.
Meanwhile, Legit.ng had previously reported that Governor Isiaka Gboyega Oyetola of Osun state, promised to work towards bringing all those that defected from the ruling All Progressives Congress (APC) before Saturday, September 22, governorship election to other parties back into the fold of the party.
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