A lawyer, Barrister Kanmi Ajibola has berated the Osun State Governor, Rauf Aregbesola over his refusal to appoint commissioners in the state since his second term began, stressing that the decision is “illegal and unconstitutional.”
Contending with the governor’s decision at an Osun State High Court sitting in Osogbo, Ajibola accused him of unconstitutional act by ruling the state as a sole administrator without having a single commissioner since November, 2014.
Ajibola, in his suit before the court sought for seven reliefs in his originating summons, saying the governor in administering, ruling and controlling the state perpetually without appointing commissioners into the available ministries in the state “is illegal and unconstitutional”.
The lawyer argued that Aregbesola as the governor was bound by constitutional strength of the oath of his office and code of conduct to appoint state executives, while noting that failure to do such contravened the stipulated 1999 constitution of the country.
The lawyer informed the court that the defendant in the suit has been duly served with the originating processes of the case while a former Attorney-General of the state, Barrister Wale Afolabi had entered appearances for the defendant.
But responding to Ajibola’s submission, counsel to the governor, G.T. Odumu claimed that his office was not aware the case was coming up today.
He prayed the court for more time, to allow the defendant serve a preliminary objection.
But Ajibola contented with the defendant’s submission saying, “There should be immediate response to the main originating matter on time because I’m ready to serve another notice immediately, even the preliminary objection should be struck out”.
However, subject to the excuse of the defendant’s counsel, the presiding judge, Justice A.O Ayoola lamented that it was the laxity on the side of the defense counsel to have delayed the preliminary objection to the present time, ordering the counsel to immediately serve same as soon as possible.
Objecting to the court’s decision, counsel to the governor, argued that the plaintiff lacked “locus standi” to institute the said action against the governor.
Odumu further contended that the court also lacked the requisite jurisdiction to entertain same suit.
After listening to both counsels argument, Justice Ayoola adjourned the matter till Thursday.
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