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How a land use charge illegalized the “State of Osun”

A case instituted by an activist, Kanmi Ajibola, challenging the legality of the “State of Osun Land Use Charge Law 2016’’ has led to a court ruling the supposed change of name from “Osun State” to “State of Osun” illegal and unconstitutional.

According to the News Agency of Nigeria (NAN), Mr. Ajibola sought legal relief in 2016, after being served a notice; “State of Osun Land Use Charge Annual Demand Notice”, by a private company named “Interspatial Limited”, signed by A. Ogunlumade, Permanent Secretary in the Ministry of Finance.

The notice was addressed to him, being the owner of the property of No. 42, Onigbogi Street off Ibala, Ilesa West, and served on Aug. 15, 2016.

Delivering the judgment in an Osun State High Court, Justice Yinka Afolabi, ruled that the law and its makers were unknown to the 1999 Constitution. He also criticized the Governor, Mr. Rauf Aregbesola, for deliberately and singlehandedly renaming the state, contrary to the known norms and the Nation’s 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 declared 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”.

Justice Afolabi also stated that the lawmakers who enacted the change of name (currently serving as members of the State House of Assembly), were sworn in as members of the “Osun State House of Assembly”, and not “State of Osun House of Assembly”, in line with the Seventh Schedule of the constitution.

The Judge iterated that since the creation of the State in 1991, previous governments used the constitutionally known name of “Osun State”, while emphasizing that all the other 35 States of the Federation had not deviated from the constitutional names given to them.

Governor Aregbesola’s regime is well known for renaming institutions but it seems he bit more than he could chew this time.

Some Institutions the Government renamed;

1.Osun State College of Technology, Esa-Oke, now Bisi Akande College of Technology

2. Osun State Polytechnic Iree, now Sunday Afolabi Polytechnic

3. College Of Education, Ila Orangun, now Adeyemi Oyeduntan College of Education

4. College of Education Ilesa, now Lawrence Omole College of Education.

5. UNIOSUN College of Law, Ifetedo, now Kayode Esho College of Law

6. UNIOSUN College of Social Sciences and Management Okuku, now Olagunsoye College of Social Sciences, Okuku

7. UNIOSUN College of Agriculture Ejigbo, now Isiaka Adeleke College of Agriculture, Ejigbo

8. UNIOSUN ‎College of Education Ipetu Ijesa, now Hezekiah Oluwasanmi College of Education

9. UNIOSUN College of Humanities and Culture, Ikire, now Eniola Atanda College of Humanities and Culture

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