AN Osun State High Court sitting in Osogbo has on Wednesday, October 19, adjourned the case filed against Governor Rauf Aregbesola over his non-appointment of commissioners since the inception of his second term in office.
For two years now, Aregbesola has been running his government without constituting his State Executive Council, SEC.
Kanmi Ajibola, a lawyer, filed the suit challenging Aregbesola, accusing him of unconstitutional act by ruling the state as a sole administrator without having a single commissioner since November 2014.
Ajibola, in his submission to the court, said that the defendant in the suit had been duly served with the originating processes of the case while the chamber of Wale Afolabi and Co., a former attorney-general of the state, had entered appearances for the defendant.
The lawyer has 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”.
According to him, 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.
Responding, G.T. Odumu counsel representing Aregbesola, claimed that his office was not aware of the case coming up, begging the court to give them a timeframe to which the preliminary objection would be served.
Besides, in his objection to the suit, Aregbesola contended that the plaintiff lacked locus standi to institute the said action against him, adding that the court the court also lacked the requisite jurisdiction to entertain same suit.
Ajibola said: “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, based on the submission Argegbesola’s counsel, Justice A.O Ayoola, presiding judge, said it was a laxity on the side of the defence counsel to have delayed the preliminary objection to the present time, and therefore, asked the counsel to immediately serve same as soon as possible.
Subsequently, Ayoola adjourned the matter until Thursday, October 27, for further hearing.
— Oct 19, 2016 @ 16:00 GMT