Changing Osun’s name to “State of Osun” is illegal, court declares

An Osun state High court sitting in Ilesa has declared the change of the name of the state to the “State of Osun” is illegal.

In his judgment in a case instituted by a human rights activist, Kanmi Ajibola, challenging the legality of the “State of Osun Land Use Charge Law”, Justice Yinka Afolabi ruled that the law and its makers were unknown to the 1999 Constitution.

Justice Afolabi said the state governor, Rauf Aregbesola, singlehandedly renamed the state contrary to the known norms and the nation’s constitution and granted all the seven prayers of the plaintiff.

He also declared that the makers of the law, who are currently serving as members of the State House of Assembly, were not sworn in as members of the “State of Osun House of Assembly”, but as members of Osun State House of Assembly going by the seventh schedule of the constitution.

“The executive governor of the state changed the name in 2011. The renaming of a state goes further and deeper for anyone to singlehandedly do. To re-order the name of Osun State as “State of Osun” is hereby declare as illegal, null and void”.

“On the oath of allegiance, I want to state that the seventh schedule is part of the law. It is not a mere draft or mere oath. It does not give room for any alteration. After deposing to an oath of office, you cannot turn around to do otherwise”, the Justice Afolabi said.

Ajibola had canvassed that all businesses done in the name of “State of Osun” be declared null and void, saying such were done contrary to the constitution.

Ajibola had gone to court in 2016, asking for certain reliefs after being served a notice by a private company known as “Interspatial Limited” and christened as “State of Osun Land use Charge Annual Demand Notice” in the name of “State of Osun”, and signed by one Mrs. A. Ogunlumade, Permanent Secretary, Ministry of Finance.

According to him, a notice was addressed to him as the property owner of No. 42, Onigbogi Street off Ibala, Ilesa West and was served on him on the 15th day of August 2016.

Some of the reliefs he sought for included a declaration that the “State of Osun Land use Charge Law 2016” having being enacted by the legislative body that is not known to the constitution and for the state not known to the 1999 constitution as such illegal and unconstitutional.

An Order setting aside the “State of Osun Land use charge Law, 2016” having being enacted by the legislative body that is not known to the constitution and for the state not known to the 1999 constitution of the Federal Republic of Nigeria (as amended) is not enforceable in Osun State.

Among other reliefs sought by the plaintiff included, “a declaration that Osun State Government having been delegated with the power to collect Land use charge revenue by the provisions of section 2(2) and (3) of the “State of Osun Land use charge Law, 2016”, Sections 4(1), 8(2), 10(1) & (5), 16(c)(i) & (ii), 17, 18, 21(3) and 22 of the “State of Osun Land use charge Law, 2016” are not operable without appointing the Commissioner of finance in Osun State.

The State’s Attorney-General, Basiru Ajibola Basiri and Director of Legal Services, Mrs. Rachel Ojinni represented the governor and the state government.

The Attorney-General, however disclosed at the court that the judgment would be appealed.

BOLA BAMIGBOLA, Osogbo