Rauf Aregbesola, as governor, renamed Osun state as “State of
Osun” in 2001 — as part of his campaign for the “restructuring” of
Nigeria and “true federalism”.
He had copied the style of American states which are referred
to, for instance, as “state of New York” rather than “New York
state”.
Not so fast, the Osun state high court sitting in Osogbo, the
state capital, has ruled.
Mathias Agboola, the judge, on Wednesday, held that it is
unconstitutional to rename Osun state as the “state of Osun” —
declaring it as mere “artistic coloration”.
Kanmi Ajibola, a lawyer in the state, had instituted a suit
against the state government over the levy of a personal tax of
N5.3 million imposed on him by the state Internal Revenue Service
(IRS).
Ajibola contended that the levy was illegal because the law upon
which the tax was issued was made by “The House of Assembly of
State of Osun”.
He described the tax demanded as “indictive, punitive and
speculative” because he usually held opposing views to those of
Aregbesola.
The official handle of the state government, @stateofosun,
tweeted the judgment on Thursday.
M. Popoola, the state counsel, had urged the court to strike out
the case for lack of jurisdiction.
He said Ajibola did not seek all necessary means of settlement
before approaching the court.
Delivering judgement, Agboola upheld the submissions of the
applicant that the “State of Osun” is unconstitutional.
He warned lawyers to be wary of the legal implications of
referring to Osun State as “State of Osun”.
However, the judge upheld the submission of the defence that
Ajibola should have sought other means of settlement provided by
the tax law before filing a suit before the court.
Ajibola had filed a similar case in 2017 and the Osun state high
court sitting in Ilesa had declared that the renaming of Osun state
as “State of Osun” by Aregbesola was illegal and therefore, null
and void.
Yinka Afolabi, the judge, ruled that “the law and its makers
were unknown to the 1999 constitution”.
The state government appealed.
Rauf Aregbesola, as governor, renamed Osun state as “State of
Osun” in 2001 — as part of his campaign for the “restructuring” of
Nigeria and “true federalism”.
He had copied the style of American states which are referred
to, for instance, as “state of New York” rather than “New York
state”.
Not so fast, the Osun state high court sitting in Osogbo, the
state capital, has ruled.
Mathias Agboola, the judge, on Wednesday, held that it is
unconstitutional to rename Osun state as the “state of Osun” —
declaring it as mere “artistic coloration”.
Kanmi Ajibola, a lawyer in the state, had instituted a suit
against the state government over the levy of a personal tax of
N5.3 million imposed on him by the state Internal Revenue Service
(IRS).
Ajibola contended that the levy was illegal because the law upon
which the tax was issued was made by “The House of Assembly of
State of Osun”.
He described the tax demanded as “indictive, punitive and
speculative” because he usually held opposing views to those of
Aregbesola.
The official handle of the state government, @stateofosun,
tweeted the judgment on Thursday.
M. Popoola, the state counsel, had urged the court to strike out
the case for lack of jurisdiction.
He said Ajibola did not seek all necessary means of settlement
before approaching the court.
Delivering judgement, Agboola upheld the submissions of the
applicant that the “State of Osun” is unconstitutional.
He warned lawyers to be wary of the legal implications of
referring to Osun State as “State of Osun”.
However, the judge upheld the submission of the defence that
Ajibola should have sought other means of settlement provided by
the tax law before filing a suit before the court.
Ajibola had filed a similar case in 2017 and the Osun state high
court sitting in Ilesa had declared that the renaming of Osun state
as “State of Osun” by Aregbesola was illegal and therefore, null
and void.
Yinka Afolabi, the judge, ruled that “the law and its makers
were unknown to the 1999 constitution”.
The state government appealed.