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Court fixes judgment date for “State of Osun” suit

*Tax Law, Commissioners appointment are issues before the courts

Two suits filed against Governor Rauf Aregbesola of Osun state came up Friday (27th April, 2017) for hearing at two different state high courts of justice.

One of the cases before Justice Yinka Afolabi of an Ilesa High Court was on the “State of Osun Tax Law” filed by a human right lawyer, Barrister Kanmi Ajibola.

The other case before Justice Olayinka Ayoola filed by the same plaintiff was against Aregbesola’s failure to constitute his cabinet members 25 months after his second term in office.

Aregbesola’s counsel, Barrister Wale Afolabi, a former Attorney General of the state urged the court to strike out the suit informing the court that the governor has sent the names of his commissioners to
the assembly.

But Barrister Ajibola insisted that the case will continue whether commissioners were appointed or not, saying “all the questions formulated for determination are still living issues to be determined
by the court”.

According to him, six of the seven reliefs sought by him cannot be thrown away by the defendant without being properly addressed by the court.

Justice Ayoola also noted that sending of his commissioners names to the assembly was just a process and not the end in itself as she adjourned the case till 30th May, 2017.

On the Tax law suit, Barrister Ajibola had challenged the constitutionality of the law promulgated by the “State  of Osun Assembly”, saying the law was standing on nothing.

His counsel, Barrister Samuel Echeonwu told the court to declare the law as null and void as “State of Osun House of Assembly” was unknown to the 1999 constitution.

Aregbesola’s lawyer, Barrister Wole Adejumobi from the state Ministry of Justice and his counterpart, Mrs Rachael Ojinmi urged the court to strike out the case, saying the plaintiff lacked the locus standi to file the suit while the court lacked jurisdiction to entertain it.

In his ruling, Justice Afolabi adjourned the case till 29th June, 2017 for final judgment.

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