An Osun State High Court has fixed the judgement for November 14, 2017 in a suit by human right lawyer, Kanmi Ajibola praying the court to nullify the Land Use Law Charge 2016 and declare the nomenclature – State of Osun instead of Osun State, null and void.
Kanmi Ajibola, in the suit No. HIL/14/2016, contended that the law made by the State House of Assembly and signed by Governor Aregbesola under the name “State of Osun” which borders on Land Use Charge was unconstitutional.
The plaintiff explained that “State of Osun” and Osun State did not mean the same thing and that “State of Osun” is strange and unknown to the 1999 Constitution of the Federal Republic of Nigeria.
He averred that based on the seventh schedule of the constitution, both the governor and the lawmakers were administered into the office as officials of Osun State and not “State of Osun”.
But, Ajibola Basiru, Osun state Attorney General and Commissioner of Justice, who appeared for the State government, told the court that the use of “State of Osun” instead of Osun State by the Rauf Aregbesola’s government did not contravene the 1999 Constitution.
The AG, who led the State legal team from the Ministry of Justice, faulted Ajibola’s arguments when he contended that the plaintiff erred in law, saying Aregbesola’s administration has done nothing wrong against the spirit of the 1999 constitution.
He took all the issues raised by the plaintiff one after the other by citing sections of the constitutional provisions and concluded that “by describing itself as, “State of Osun House of Assembly”, as it rightly did , the House of Assembly has not contravened any provisions of the 1999 constitution and the court is urged to hold so”.
“Therefore, it is submitted that reference to either itself or the law it made with the phrase ‘State of Osun’ has not in any way rendered the constitutional powers of the House of Assembly to make law unconstitutionally.
“The House of Assembly can add any prefix to its name as it wishes and desires and the same thing goes with the law it made so far the key words “Osun” an “State” are there no prejudice is done to the constitution, the Federal Government and the co-federating states”, the AG submitted.
Bola Bamigbola, Osogbo