Who told you he can't loose to the PDP, well he can still win in 2014 because an average osun electorate has been brain washed with the broom mentality, you can see that in the presidential election result.

Akanbi_edu:

I don't like populist moves too but I figured he had to do that to win elections first. Rauf has another local problem between choosing Osun based politicians and the Lagos based politicians. i think he prefers people he worked with in Lagos and that in itself is creating tension in the state. Whatever the case mayb, I think it's too early to judge the governor in this particular case.

Priceworth:

The governor looks clueless to me.The man must have spent so much money to get that position and he has suddenly realised that the money at his disposal in osun state may not be enough to pay back those lagos big wigs that financedc him.

That aside,the man should be commended for employing those unemployed youths,though the mechanism for that employment scheme itself is questionable,debatable and may not be sustainable in the longrun.

Aregbesola sure needs prayers[b],i feel the man now knows the difference between rabble rousing and governing a state,especially when the state in question is a landlocked and economically non-viable state like osun state,whose main source of revenue is the monthly federation account disbursement.The man presently does not have an answer to the socio-economic problems confronting that state.[/b]A case at hand is the epileptic water situation in osogbo.My dad's house in the kola balogun area of the state capital has had the two days weekly supply of pipe borne water reduced to once every two months supply.

The guy needs to buckle up and start performing,let Fashola and Tinubu handle lagos state.The idea of running Osun state while residing in lagos is unacceptable and the people of the state can only be fooled for a while,if he keeps moving at this pace the people of the state will surely abandon his government and his party.

salaksmana:

I'm not Pro-PDP neither Anti-ACN, but to be sincere I've not seen anything really spectacular that this man has done since he was sworn in (apart from his OYES). The man said Osun is so damaged that they have to really sit down and think on how to "repair" it, maybe they are still thinking, or maybe somebody can help call my attention to something special he has done, it might be that I'm not that current with happenings in the state am residing in.

mikeansy:


I think the PDP in Osun should make more caricature of Rauf Aregbesola's Government and light a huge Candle signifying their vigil prayers for him and only blow it off when he finally appoints a cabinet.

Isn't his the governor who signed an agreement with a local government in the UK?

The last I heard, he was in India.

He sure needs prayers.

@kassiem,ur arguement is lop-sided, and comparision is floppy?there are differences between elected and appoited offices.hope u know that.if permanent secretaries and directors are performing well,there MAY not be need for appointment of commissioners.civil service needs to be re-organized in d country.

The constitution of the federal republic of Nigeria is one click away and yet somebody had the temerity to tell me that it is a big lie when I said it is a constitutional requirement for a Governor to appoint a cabinet.

Akanbi_edu is your argument driven by ignorance or blind loyalty? Either way you need to inform yourself a little bit more before making any argument on the world wide web. See below.

192. (1) There shall be such offices of Commissioners of the Government of a State as may be established by the Governor of the State

(2) Any appointment to the office of Commissioner of the Government of a State shall, if the nomination of any person to such office is confirmed by the House of Assembly of the State, be made by the Governor of that State and in making any such appointment the Governor shall conform with the provisions of section 14(4) of this Constitution.

(3) Where a member of a House of Assembly or of the National Assembly is appointed as Commissioner of the Government of a State, he shall be deemed to have resigned his membership of the House of Assembly or of the National Assembly on his taking the Oath of office as Commissioner.

(4) No person shall be appointed as a Commissioner of the Government of a State unless he is qualified for election as a member of the House of Assembly of the State.

(5) An appointment to the office of Commissioner under this section shall be deemed to have been made where no return has been received from the House of Assembly within twenty-one working days of the receipt of nomination, by the House of Assembly.

193. (1) The Governor of a State may, in his discretion, assign to the Deputy Governor or any Commissioner of the Government of the State responsibility for any business of the Government of that State, including the administration of any department of Government.

(2) The Governor of a State shall hold regular meetings with the Deputy Governor and all Commissioners of the Government of the State for the purposes of -

(a) determining the general direction of the policies of the Government of the State;

(b) co-ordinating the activities of the Governor, the Deputy Governor and the Commissioners of the Government of the State in the discharge of their executive responsibilities; and

(c) advising the Governor generally in the discharge of his executive functions, other than those functions with respect to which he is required by this Constitution to seek the advice or act on the recommendation of any other person or body.

http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm

You don't even need to know the position of the constitution to understand that there is something fundamentally wrong with a Governor running a state without a cabinet. It is shocking to know that anybody will argue otherwise.

What a shame. Aregbesola is breaking the law and the constitution of the Federal Republic of Nigeria upon which he was elected.

You must not have your friends/party members in the State House of assembly before you fulfill your constitutional role to appoint a cabinet or push through bills or run the Government generally.

If there is anything transparent about the ACN as they claim they should not be afraid of a legislature filled by opposition. Sometimes politics is about working with people you don't agree with ideologically for the common good of the state.

Who is to say after the next election ACN will control the House? or did Aregbesola know something we did not know as to why he is assuming his party will control the majority after election in House? Was he planning to use his office as sitting Governor to influence the House of Assembly election so that he can now freely appoint his friends unchecked into his cabinet?

If this is how the holier than thou ACN operates then how are they different from the PDP?

These are the serious questions we should ask not supporting a party blindly just because they are largly supported by people from your region.

This is where we miss the likes of Gani.

He could have headed to the courts by now.

Akanbi_edu:

I don't like populist moves too but I figured he had to do that to win elections first. Rauf has another local problem between choosing Osun based politicians and the Lagos based politicians. i think he prefers people he worked with in Lagos and that in itself is creating tension in the state. Whatever the case mayb, I think it's too early to judge the governor in this particular case.

This is where i have problem with Rauf. Leadership is decision making, it is about being decisive and not foot dragging on important issues. I quite agree that Rauf is a grassroots man but political manouvering is different from governance. Good intentions does not deleiver proper governance rather is is proper planning of policies and implementation that delievers.

Whats stop him from mixing his vabinets with lagos based and osun based guys? if after 8 months Rauf is still dragging his feet on this issue it is a big shame. Personally my criteria for assessing if a governor will perform is his actions in the first 12 months. Fashola got praises in Lagos not for what he did in his last two years (because he actually did not do much¨) but his perfomance is his first two years are what endeared Lagosians to him.

If after 3 years osun states infrastructure remains the same, there will be no major investments in the state. Even the agricultural program will not be a success if proper infrastructure are not in place.

I am not a being pessimistic at all but if it is going to rain at night we would begin to see cloud movements in the afternoon.

192. (1) There shall be such offices of Commissioners of the Government of a State as MAY be established by the Governor of the State

(2) Any appointment to the office of Commissioner of the Government of a State shall, if the nomination of any person to such office is confirmed by the House of Assembly of the State, be made by the Governor of that State and in making any such appointment the Governor shall conform with the provisions of section 14(4) of this Constitution.

(3) Where a member of a House of Assembly or of the National Assembly is appointed as Commissioner of the Government of a State, he shall be deemed to have resigned his membership of the House of Assembly or of the National Assembly on his taking the Oath of office as Commissioner.

(4) No person shall be appointed as a Commissioner of the Government of a State unless he is qualified for election as a member of the House of Assembly of the State.

(5) An appointment to the office of Commissioner under this section shall be deemed to have been made where no return has been received from the House of Assembly within twenty-one working days of the receipt of nomination, by the House of Assembly.

193. (1) The Governor of a State may, in his discretion, assign to the Deputy Governor or any Commissioner of the Government of the State responsibility for any business of the Government of that State, including the administration of any department of Government.

(2) The Governor of a State shall hold regular meetings with the Deputy Governor and all Commissioners of the Government of the State for the purposes of -

(a) determining the general direction of the policies of the Government of the State;

(b) co-ordinating the activities of the Governor, the Deputy Governor and the Commissioners of the Government of the State in the discharge of their executive responsibilities; and

(c) advising the Governor generally in the discharge of his executive functions, other than those functions with respect to which he is required by this Constitution to seek the advice or act on the recommendation of any other person or body.

I believe this is self-explanatory.

Mikeansy, I think some of you guys are trying too hard to paint the ACN in the same light with the PDP in order to justify whatever primordial reasons that made you choose GEJ in the last elections.

@Mikeansy

(

1) There shall be such offices of Commissioners of the Government of a State as may be established by the Governor of the State

The constitution states equivocally that “there should be such office of commissioner of a state” but the same constitution is silent on the whether such office is compulsory or not. The constitution did not say and I quote “ there ‘must’ and must is the key word here be such office of commissioners of the Government of a state” the obvious interpretation of this section if looked at holistically and rationally would mean the Governors of a state can empower or use resources at hand and that includes DG’s(Director Generals) or PS(Permanent Secs) in the pursuance of administrative task if need be this assumption is just a referral considering the ambiguity and overtly silence or clarity in the constitution.

For a final submittal declaration as to the ‘true wordings’ of this section in the constitution there would need to be a princely declaration by the Supreme Court for conciseness clearing all forms of ambiguity and potential bottle-necks. In the absence of such lording over from the final court of arbiter the intransigence within the law would I am afraid just continue hobnobbing to anyone’s whim and caprice.

As it stands the Governor has done no wrong. We must also remember that the Feds at this point in time do not have Ministers and PS are filling in for the Ministers. This scenario conjures up another ambiguity in the Commissionership/Ministerial appointments, how long can the DG’s and PS deputise for the Commissioners and Ministers, 1 month, 10 months, or 4 years, that would also need an understandable declaration devoid of any duplicity if not multiplicities. 

@know all

All over the world we have career public servants and politcal appointment like commissioners et al. The difference is that commissioners are there to implement the vision of the governor/president. The DG of the ministry is to execute the th eimplentation plans of the policies. These are two different roles. DGs are used to a particular way of doing things and it is fresh hands, fresh thoughts, fresh ideas that can bring the best out of them.

In the UK you secretary of various gov depts and you have managing directors of different sectors in that department who are career public servants etc.

Go to Osun state and you will see that no govt is running in that state except the payment of salaries.

All over the world we have career public servants and politcal appointment like commissioners et al. The difference is that commissioners are there to implement the vision of the governor/president. The DG of the ministry is to execute the th eimplentation plans of the policies. These are two different roles. DGs are used to a particular way of doing things and it is fresh hands, fresh thoughts, fresh ideas that can bring the best out of them.

In the UK you secretary of various gov depts and you have managing directors of different sectors in that department who are career public servants etc.

Go to Osun state and you will see that no govt is running in that state except the payment of salaries.

That is not the bone of contention. Someone said the Governor is perpetuating an illegality, and I refuse to believe such, since the constitution has not wholesomely declare how governments must be run, and secondly the Feds have no ministers at the moment, what is the time-line to this temperancy.

When I said it was in the constitution they said it is a big lie. Now that I have provided proof from the constitution they want to play with semantics.

See dictionary definition of the word "SHALL" with a clear definition of what it means in law!!!!!!!!!!

shall   /ʃæl; unstressed ʃəl/  Show Spelled
[shal; unstressed shuhl]  Show IPA

–auxiliary verb, present singular 1st person shall,  2nd shall or ( Archaic ) shalt,  3rd shall,  present plural shall;  past singular 1st person should,  2nd should or ( Archaic ) shouldst or should·est,  3rd should,  past plural should;  imperative, infinitive, and participles lacking. 
1. plan to, intend to, or expect to: I shall go later.
2. will have to, is determined to, or definitely will: You shall do it. He shall do it.
3. (in laws, directives, etc.) must; is or are obliged to: The meetings of the council shall be public.

http://dictionary.reference.com/browse/shall
Lets see what they will come up with next.

The phrase "there shall be " means a Governor must by law have a cabinet. Governorship in a democracy is not sole proprietorship folks!!!

This has nothing to do with GEJ. I don't think anybody who know me will suggest I suppport GEJ'.

Group sues Aregbesola over lack of cabinet

By Dimeji Kayode-Adedeji

June 20, 2011 12:31AM


A pressure group, the Osun State Voters' Interest Committee, has sued the state governor, Rauf Aregbesola over his failure to name his cabinet since he was sworn in as governor of the state on November 26th, 2010. The group, in an originating summons and an affidavit deposed to in the High Court of Justice, Osogbo, by Ayodele Emmanuel, argued that the non-inauguration of a cabinet has been slowing down the socio-economic development of the state. In the summon, which was filed at the weekend, the plaintiff, which claimed to be a non-profit organisation, contended that the action of the governor runs foul of sections 192 (1); 193 (1); 196 (1) and 197 (1) of the 1999 constitution, which the governor vowed to uphold.

Some aides of the governor had defended him, saying he was taking such a long time in choosing his commissioners because he wanted to be sure that only the best are appointed. The plaintiff also prayed the court to determine whether the governor (defendant) was right by his refusal to assign responsibility to the office and person of the deputy governor, in accordance with section 193 (1) of the 1999 constitution.

The Committee described the actions of the governor as a negation of the principle of the rule of law. The plaintiff explained that it deposed to the affidavit in good faith, as the step is in the interest of the generality of the indigenes of the state. It however, accused the governor of engaging in dictatorial tendencies by working out of the ambience of the constitution.

The opposition Peoples Democratic Party (PDP) had also faulted the inability of Mr Aregbesola to name his cabinet. Recently, the party said it embarked on a fasting and prayer session to solicit God's intervention in the matter. The party also, recently cheekily said it had helped the government recruit his cabinet and announced the names of some members of the Action Congress of Nigeria (ACN) as people the governor should make his commissioners.


http://234next.com/csp/cms/sites/Next/News/National/5719085-147/group_sues_aregbesola_over_lack_of.csp

^^^

About time too.

johnie:

This is where we miss the likes of Gani.

He could have headed to the courts by now.

I think Aregbesola is working, but his efforts is like the sweat of a chicken. We cant see it yet. OYES was a big PR blunder. However, on issue of commisioners, I do not believe there should be so much noice. Nowhere in Nigerian constitution do we have a mandated period of time for selection of commisioners. And btw, what do these commisioners really add to the table other than being messengers between the DGs and Perm secs to the governor? If I had my way, I will have a big cabinet and deal directly with the civil servants. We run an over elaborate government and we're unrepentant about it.

Time is ticking, Mr Aregbesola. Do not embarrass Ijeshaland (and those like myself who are connected by blood to it.)

ACN for life

ola_pluto:

I think Aregbesola is working, but his efforts is like the sweat of a chicken. We cant see it yet. OYES was a big PR blunder. However, on issue of commisioners, I do not believe there should be so much noice. Nowhere in Nigerian constitution do we have a mandated period of time for selection of commisioners. And btw, what do these commisioners really add to the table other than being messengers between the DGs and Perm secs to the governor? If I had my way, I will have a big cabinet and deal directly with the civil servants. We run an over elaborate government and we're unrepentant about it.

There is something called "Implied Law" in law. I believe the honourable Justice will use his common sense and order Aregbosola to put a cabinet in place immediately.
Never mind the delay in everything about Nigeria but the mere fact that the constitution has made it a requirement for offices such as commissioners to be in place means that a Government is incomplete without such offices and the norm should be that one of the first acts of any Governor or President should be to appoint his cabinet. In fact serious leaders announce or start announcing their cabinet latest within 48hrs of assuming office.

Also section 193(2) also has the following requirement:

2) The Governor of a State shall hold regular meetings with the Deputy Governor and all Commissioners of the Government of the State for the purposes of -

(a) determining the general direction of the policies of the Government of the State; 

(b) co-ordinating the activities of the Governor, the Deputy Governor and the Commissioners of the Government of the State in the discharge of their executive responsibilities; and

(c) advising the Governor generally in the discharge of his executive functions, other than those functions with respect to which he is required by this Constitution to seek the advice or act on the recommendation of any other person or body.

How has the Governor been fulfilling this section of the constitution in the last 8months? This is where the principle of "implied law" comes into play. 8 Months is just too long not to have  a cabinet and your argument that the constitution stipulates no timeline to name a cabinet will fall flat because the constitution already assumes that a cabinet must be in place from the onset which is why a Governor is required to hold meetings with his deputy Governor and Commissioners.

Aregbesola faults Osun PDP’s sense of history on exco

By Adeniyi Adesina20/06/2011 00:08:00

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Aregbesola



Osun State Governor Rauf Aregbesola has faulted the sense of history of the Peoples Democratic Party (PDP)which said it had researched into the history of democratic governance the world over and discovered that none had operated without an executive council seven months after taking over.

Aregesola ,through his Director, Bureau of Communications and strategy, Mr. Semiu Okanlawon, said “one cannot but be amused by the content of a statement by the Osun State Chapter of the Peoples Democratic Party which shows the warped sense of history of its leaders.”

The Osun State PDP, in a statement titled: “Aregbesola Enters Guinness Book of Records” and signed by its Acting Chairman, Chief Sunday Ojo-Williams, said: “Since the Greek started democracy as the best form of government, no one has run a government without a cabinet for seven months as being done by Mr Rauf Aregbesola in Osun state.

Aregbesola said: “Since Chief Sunday Ojo-Williams has no sense of even recent history of Nigerian politics, may we educate him and his co-sojourners in this fruitless journey that former Governor Balarabe Musa served as Governor of Kaduna State for 20 months. He had no commissioners. Yet, his administration was reputed to have been one of the best in the history of that state.

“Had those who created the highly respected Guinness Book of Records carried on with such lazy culture of research and faulty conclusions, would the whole world have taken their findings and records serious? To us, the PDP in Osun State is enjoying the limelight it is getting from debates over the appointment of commissioners. But they should not pollute the highly revered Guinness Book of Records with their poorly researched conclusions. The PDP, needless to state, is known for its penchant for purveying fictions as facts. It has missed the point on this as well.

Just last week, the party, out of idleness, named commissioners for me (Governor Aregbesola.) What a trivialisation of serious governance issue? I wish to restate that we have the best interests of the people of Osun State in mind and this, more than anything else, dictates our actions. One thing our critics cannot fault is our service delivery fervour which has manifested in the restoration of hopes in areas of job creation, healthy living, agricultural revolution and others. The people of Osun State are yet to see anything because we are better positioned to turn Osun State around within the shortest pos sible time”, the governor said.


http://www.thenationonlineng.net/2011/index.php/news-update/9899-aregbesola-faults-osun-pdp%E2%80%99s-sense-of-history-on-exco.html

A comment

"Thanks all good people that have spoken. I still dont know the relevancy of commisioners, for all the states where they have them, they constitute more burden to the state and duel into the state pause and do away with cash. If a state can do without them let the state be. I think the jobs are moving and no crisis is recorded, we thank God for that.
A state like Osun with 1.8Billion allocation and 1.2Billion goes into workers benefit, what do we have for state development and out of this again commisioners would come and loot theirs. It is never a must as we can see.
God bless Osun State and Nigeria as whole"

I hope the bolded is not true.

If Osun State does not want to have commissioners they should approach a court of law and challenge the constitution as is or sponsor a bill in the NASS to get the law changed.

Untill then the Governor has a duty to respect a constitution he has sworn an oath to respect at all times.

That Balarabe Musa carried on unchalleneged for 20months does not mean Rauf Aregbesola can break the law.

He should be grown up about this, do a U-Turn and appoint a cabinet and this matter will become history!!!!!!!!!!

"Opposition in action"

Mr. Okanlawon,  the reason Musa could not was because the house of assembly was dominated by the NPN  who blocked his moves to appoint one.

As Governor he was stalemated by the Kaduna state house of assembly, which was dominated by NPN members. He was unable to form a cabinet since he refused to nominate NPN members and the House refused to ratify his candidates. Eventually the House impeached him in June 1981, making him the first Nigerian state governor ever to be impeached

http://en.wikipedia.org/wiki/Abdulkadir_Balarabe_Musa


Who is blocking Aregbesola?

^^^

Until April elections, Osun state house of assembly was PDP controlled.

How many new governors have actually appointed commissioners so far?

God punish pdp after using 18 billion as loan to build six stadia and leaving the state in the reds they want to force us to select commissioner, tufiakwa

Imagine that!

Six stadia in a poor state like Osun, are you for real?

Akanbi_edu:

A comment

"Thanks all good people that have spoken. I still dont know the relevancy of commisioners, for all the states where they have them, they constitute more burden to the state and duel into the state pause and do away with cash. If a state can do without them let the state be. I think the jobs are moving and no crisis is recorded, we thank God for that.
A state like Osun with 1.8Billion allocation and 1.2Billion goes into workers benefit, what do we have for state development and out of this again commisioners would come and loot theirs. It is never a must as we can see.
God bless Osun State and Nigeria as whole"

I hope the bolded is not true.

If the bolded is true , this bring me to the conclusion that the governor has a questionable sense of judgement. Otherwise why would a state with overbloated civil service recruit 20000 more workers.

Aregbesolas aide should have kept quiet and appoint commssioners rather than try to justify the unjustifiable. Ogbeni Rauf shoulf appoint commissioners and stop this embarassing statements.

Lagosboy:

If the bolded is true , this bring me to the conclusion that the governor has a questionable sense of judgement. Otherwise why would a state with overbloated civil service recruit 20000 more workers.

Aregbesolas aide should have kept quiet and appoint commssioners rather than try to justify the unjustifiable. Ogbeni Rauf shoulf appoint commissioners and stop this embarassing statements.

It might interest you to know that it will require more funds to take care of the commissioners than the 20,000 workers.

This is why many fail when it comes to politics, why do you think ACN won every contested position in the last general elections?

You'll all need to be pragmatic once in a while.

[b]Commissioners were the covert and clever method the military regimes employed to succour and diminish any pain, yearnings and discontent the people might remotely have against their regime. The Military throughout their stay in power always had an innate fear of a backlash from the civilian population and were prepared to use any method which would outwardly make the civilians appear as the majority and truly in most cases the civilians does appear as the majority with a single military Governor surrounded by yes-sir men, to the untrained eye it would seem pleasant and an inclusive Government.

IBB’s Government was the most inclusive of all the military regimes he sought after every single critic in the land given them one appointment or the other in effect silently them and having a good uninterrupted 8 years run in power, obviously constantly reminding Nigerians he was going to hand over to a civilian regime.

Commissionership by the time the constitution was drawn had become the accepted norm and the only alternative way of Administering in Nigeria, it found her way back into our constitution in 1999 obviously this was a case of mass hysteria in the polity, intellectuals and thinkers tasked with drawing up an all encompassing Administrative model for the country had been transfixed and been hypnotised into believing Commissionership is administration and there can be no substituted or Administration cannot function without these “Gentlemen’s” club which of recent Political God-Fathers has turned into a weapon use to hold many a Governor into ransom.

We all saw how Adedibu held the Governors in Oyo state into ransom so also we all witnessed the kidnapping of a Governor in Anambra State and many other atrocities committed in the name of Commissioner’s who were in the regime as a sponsor of the God Father to monitor every steps the Governors make.

Commissionership have passed their sell by date and more than b4 we should be looking at alternative models especially in times of dwindling funds to the states[/b]

is oshun a name of Nigerian state. I have not heard of it before, probably a mushroom Yoruba state.

This has been a very fascinating issue for me. Please can any constitutional lawyer or any competent nairlalander in the house explain it to me? Because this is something that can be copied by other States' Governors and even the President of the federation and don't give a hoot. So please I need some legal explanation.