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.

http://www.dailydispatchnewspaper.com/oyetola-his-deputy-dragged-to-court-over-oath-of-office/

K....i agree with the plaintiff. The appellation "state of Osun" is alien to the constitution. At best, it could be deployed for non-offical use.
But I don't think it is enough grounds for demanding the sack of the duo...at best, the courts will order a re-taking of the oath of office.
Similar to Obama's re-taking the oath days later after Chief Justice Robert misadministered the initial oath in 2009.
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I dedicate this first FTC to all good people out there, one love.

Okay

Waste of time I must say

am more concerned abt the Governor living up to the expectations of the electorate abeg

state of osun
osun state

careless talk

Trash.

charge and bail lawyer seeking relevance. This would be thrown out faster than Buharis throwing Aishas panties in the other room.

So if someone goes for an interview and is asked where do you come from; you'll now answer am from the State of Osun. Nonsense

Orisisrisi something............

The lawyer and the judge are either confused or mischievous. The fact is, Nigerian constitution doesn't prescribe Osun State or State of Osun anywhere. The constitution in schedule 1, Part 1 only lists the 36 states under the heading "States of the Federation". So, both state of osun and osun state are correct appellations for the state called osun. In fact, even "Osun" without qualifying it with "state" or "state of" is correct - only a mumu will argue otherwise. The judge should have dismissed the suit with punitive costs against the lawyer. But certainly this is the type of rotten fellows ex-president of the Court of Appeal, Ayo Salami, said should not even be on the bench in the first place.

waiting for what Davido and his uncle have to say

Hmmm our learned colleagues and I - must-popular by all means syndrome.

wonder233:
K....i agree with the plaintiff. The appellation "state of Osun" is alien to the constitution. At best, it could be deployed for non-offical use.
But I don't think it is enough grounds for demanding the sack of the duo...at best, the courts will order a re-taking of the oath of office.
Similar to Obama's re-taking the oath days later after Chief Justice Rehnquist misadministered the initial oath in 2009.
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I dedicate this first FTC to all good people out there, one love.

Chief Justice John Roberts

mu2sa2:
The lawyer and the judge are either confused or mischievous. The fact is, Nigerian constitution doesn't prescribe Osun State or State of Osun anywhere. The constitution in schedule 1, Part 1 only lists the 36 states under the heading "States of the Federation". So, both state of osun and osun state are correct appellations for the state called osun. In fact, even "Osun" without qualifying it with "state" or "state of" is correct - only a mumu will argue otherwise. The judge should have dismissed the suit with punitive costs against the lawyer. But certainly this is one of the rotten judges ex-president of the Court of Appeal, Ayo Salami, said should not even be on the bench in the first place.

I am not a lawyer, but from the judgement below, why use a phrase that has been termed illegal by an Hugh court

"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”.

Another trash from the misdeeds of Aregbe

Lawyers plenty for Nairaland ooooo

Yes, John Roberts.. Thanks for the correction.

Daffydoc:








Chief Justice John Roberts

Daffydoc:





Chief Justice John Roberts

Wow, you also know that man i love reading his opinion like mad, though sometimes difficult to understand.

mu2sa2:
The lawyer and the judge are either confused or mischievous. The fact is, Nigerian constitution doesn't prescribe Osun State or State of Osun anywhere. The constitution in schedule 1, Part 1 only lists the 36 states under the heading "States of the Federation". So, both state of osun and osun state are correct appellations for the state called osun. In fact, even "Osun" without qualifying it with "state" or "state of" is correct - only a mumu will argue otherwise. The judge should have dismissed the suit with punitive costs against the lawyer. But certainly this is the type of rotten fellows ex-president of the Court of Appeal, Ayo Salami, said should not even be on the bench in the first place.

and what was listed under the schedule, was the State of Osun? Did you also read the part that a Court of Competent Jurisdiction has declared the use of "The State Of Osun" as illegal and unconstitutional. The Osun state Government didn't not appeal the said Judgement. You can't put something on nothing it will fall.

mu2sa2:
The lawyer and the judge are either confused or mischievous. The fact is, Nigerian constitution doesn't prescribe Osun State or State of Osun anywhere. The constitution in schedule 1, Part 1 only lists the 36 states under the heading "States of the Federation". So, both state of osun and osun state are correct appellations for the state called osun. In fact, even "Osun" without qualifying it with "state" or "state of" is correct - only a mumu will argue otherwise. The judge should have dismissed the suit with punitive costs against the lawyer. But certainly this is type of rotten fellows ex-president of the Court of Appeal, Ayo Salami, said should not even be on the bench in the first place.

What's this person saying now? Is "The Federal Republic of Nigeria" the same as "Nigeria, The Federating Republic?" Osun without state could mean Osun River.

ilevic:



What's this person saying now? Is "The Federal Republic of Nigeria" the same as "Nigeria, The Federating Republic?" Osun without state could mean Osun River.

I agree with you.

Ok. Fingers crossed.

But what did the Chief Judge that administered the oath read out since he must lead the person being sworn in line by line.

You guys don't understand..aregbe initially wanted to islamise osun state..The initial name was to be Islamic state of osun.. Before christians attacked him and the plan was aborted.. But with the swearing in plus the state still been addressed as state of osun, I think the plan as not been swept away yet and something has to be done about it..

naijapips04:
Trash.

charge and bail lawyer seeking relevance. This would be thrown out faster than Buharis throwing Aishas panties in the other room.

I don't think he knows d cost of it

Osun people are in the soup, God will help Osun state, they should call Tinubu for this matter. Na only God go Osun state.

wonder233:
K....i agree with the plaintiff. The appellation "state of Osun" is alien to the constitution. At best, it could be deployed for non-offical use.
But I don't think it is enough grounds for demanding the sack of the duo...at best, the courts will order a re-taking of the oath of office.
Similar to Obama's re-taking the oath days later after Chief Justice Rehnquist misadministered the initial oath in 2009.
.
.
.
I dedicate this first FTC to all good people out there, one love.

And you all are shouting restructuring and true federalism. If states cannot decide how they want to be address, then how can we talk of true federalism and restructuring?

laborious:
You guys don't understand..aregbe initially wanted to islamise osun state..The initial name was to be Islamic state of osun.. Before christians attacked him and the plan was aborted.. But with the swearing in plus the state still been addressed as state of osun, I think the plan as not been swept away yet and something has to be done about it..

I am still surprised that several illiterates like this poster can read, write, use smart phones and computers.

mu2sa2:
The lawyer and the judge are either confused or mischievous. The fact is, Nigerian constitution doesn't prescribe Osun State or State of Osun anywhere. The constitution in schedule 1, Part 1 only lists the 36 states under the heading "States of the Federation". So, both state of osun and osun state are correct appellations for the state called osun. In fact, even "Osun" without qualifying it with "state" or "state of" is correct - only a mumu will argue otherwise. The judge should have dismissed the suit with punitive costs against the lawyer. But certainly this is type of rotten fellows ex-president of the Court of Appeal, Ayo Salami, said should not even be on the bench in the first place.

Common, Osun State is different from State of Osun. Call it what it is and not twisting the default name cos it could be used fraudulently. The minute you begin to introduce another title, you have a sinister motive.

State of Osun could also be translated prevailing conditions of Osun to start with. So lets discourage distortions that could cause future challenges

Tinubu and Arebgbesola, i guess wants Osun state to become their family dynasty. Throw the governor and his deputy out of
Osun state. Osun state does not belong to Tinubu and Aregbesola alone. Thieves.

You go surely lose this case and waste your money self

laborious:
You guys don't understand..aregbe initially wanted to islamise osun state..The initial name was to be Islamic state of osun.. Before christians attacked him and the plan was aborted.. But with the swearing in plus the state still been addressed as state of osun, I think the plan as not been swept away yet and something has to be done about it..

You're dumb

paragon40:
and what was listed under the schedule, was the State of Osun? Did you also read the part that a Court of Competent Jurisdiction has declared the use of "The State Of Osun" as illegal and unconstitutional. The Osun state Government didn't not appeal the said Judgement. You can't put something on nothing it will fall.

Is "osun state" listed? The judge declared what is not, and the state and people of osun can take the formality of having the worthless decision thrown into the dustbin on appeal.