An Osun State High Court sitting in Osogbo on Tuesday dismissed two applications seeking to halt the proceedings on Aregbesola’s failure to appoint members of his state executive council since 2014.
The presiding judge, Justice Olayinka Ayoola dismissed the governor’s application seeking a stay of proceeding of the suit and his preliminary objections to the case instituted by a human rights activist, Barr. Kanmi Ajibola.
Justice Ayoola stated that the suit was time bound and that the application seeking a stay of proceeding cannot be granted by the court and thereafter ordered counsels representing each of the party to present their facts on the substantive matters.
Aregbesola’s counsel, Barrister Wale Afolabi who is also the immediate past Commissioner of Justice and Attorney General of the state had informed the court that the governor had appointed his commissioners and they were being sworn in as at the time the court was sitting.
He stated that with the swearing of the commissioners, the substantive has “no life” again and therefore the suit should be dismissed in its entirety.
Besides, he stated that Ajibola lacked locus standi to institute the matter and that the court lacked jurisdiction to entertain it, the claims countered by the applicants in his affidavits and written addresses.
But Ajibola while opposing the applications stated that there “are six questions” in his suit to be determined by the court saying application for stay of proceedings “has nothing to rest upon and its totality is in contravention of Section 115, part 3 of the evidence act.
On the substantive suit, Ajibola said of the six relief sought by him, only one can be affected by the action of the governor who “we are told just sworn in his commissioners” and that the remaining five have life and this is for this generation and generations yet unborn”.
He said, “Section 193 of the constitution expects the governor to immediately after his election appoints his commissioners. He cannot be acting alone.
“Therefore, all actions taken by him and which are necessary for the state executive council without the participation, affirmation, ratification and advise of the commissioners should be declared as null and void”, he stated.
Ajibola further told the court to dismiss all objections filed by the defendants to his suit as they did such out of time “and therefore it is like the court has no response before it”, saying all his prayers be granted.
“However, I want to court to take judicial notice of our sixth relief if indeed the governor has appointed his commissioners because I know as a matter of fact that the defendant rushed to perform the ceremony because they know this case will be coming up today”, he added.
After listening to the argument from both side, Justice Ayoola Ayoola fixed the final judgment day till June 29.
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