The Osun State chapter of the All Progressives Congress (APC) has sued Governor Ademola Adeleke of the state, for appointing himself as a commissioner in his cabinet.
The governor belongs to the People’s Democratic Party (PDP).
He had appointed himself as the Commissioner for Works while also announcing his deputy, Kola Adewusi, as Commissioner for Sports and Special Needs.
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However, APC, the major opposition party in the state rejected the appointments and dragged the governor before the state High Court.
In the suit marked HOS/03/79/2023 and filed against Adeleke, Adewusi, the Osun State Attorney General and Commissioner for Justice and the Osun State House of Assembly, as first to fourth defendants, the
APC wants the court to determine “Whether, by Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), a State Governor can, and a fortiori, the 1st Defendant, during the period when he holds office as the governor, hold any other executive office.
“Whether, by Section 192(2) and (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), a person can be validly appointed a Commissioner of the Government of a State if his nomination is not forwarded to and received by the State’s House of Assembly for purposes of confirmation.”
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The opposition party also asked the court for “a declaration that the appointment by the 1st Defendant of himself as the Commissioner for Works for Osun State as announced on the 19th day of July 2023 by himself, is unconstitutional, invalid, null and void in view of Sections 183 and 192(2) & (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered).
“A declaration that the appointment of the 2nd Defendant by the 1st Defendant as the Osun State Commissioner for Sports and Special Needs, as announced on the 19th day of July, 2023, without being nominated as such and the nomination being forwarded to and received by the 4th Defendant for purposes of confirmation is unconstitutional, invalid, null and void in view of Section 192(2) and (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered).
“An order nullifying the 1st Defendant’s appointment of himself as the Commissioner for Works for Osun State for being invalid, null and void and contrary to Sections 183 and 192 (2) & (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered).
“An order nullifying the appointment of the 2nd Defendant by the 1st Defendant as the Osun State Commissioner for Sports and Special Needs for being invalid, null and void and contrary to Section 192(2) and (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered).
“An order restraining the 1st Defendant from parading himself as and/or performing the functions of the office of Commissioner for Works for Osun State while he still holds the office of governor of the state.
“An order restraining the 2nd Defendant from parading himself as and/or performing the functions of the office of Commissioner for Sports and Special Needs for Osun State unless and until he is nominated as such by the 1st Defendant and his nomination is forwarded to and received by the 4th Defendant for purposes of confirmation.”
