State, Mr. Rauf Aregbesola to court over the recently introduced land use
tax in the state, asking the court to declare the law backing it up and
which was signed in March this year by the governor as null and void.
Besides, the lawyer noted that no one can sign into effect any new tax
regime apart from the state Commissioner for Finance, saying Aregbesola’s
refusal to inaugurate new state executive council for over one year and
nine months further make the introduction of the said tax unacceptable.
Barrister Ajibola who joined the State House of Assembly in his suit filed
at the State High Court, Ilesa stated that the law by that its name, ‘the
State of Osun Land use Charge Law 2016’ and its maker, ‘State of Osun
House of Assembly’ are unlawful and unconstitutional.
According to the legal practitioner in 53-point affidavits he deposed to,
all actions taken by either the governor or the state lawmakers with the
name “State of Osun” cannot stand in the face of the law.
He said, “Osun State is the creation of the 1999 Constitution of the
Federal Republic of Nigeria. Expressly and impliedly, what the 1999
Constitution of the Federal Republic of Nigeria created is Osun State not
“State of Osun”
“I believe that ‘State of Osun’ is an impish coinage and unknown to the
1999 Constitution of the Federal Republic of Nigeria. The first Defendant,
that is the Governor of Osun State, took his oath of office as the
Governor of Osun State.
“I believe there is a difference between ‘Osun State Government’ and
‘State of Osun Government’. I believe ‘Osun State’ does not mean the same
thing as the ‘State of Osun’”.
“I believe that ‘Osun State House of Assembly’ does not mean the same as
‘State of Osun House of Assembly’. I strongly believe that the ‘State of
Osun Land Use Charge law, 2016’ is made for the state unknown to the
Constitution of Federal Republic of Nigeria.
“I strongly believe that the ‘State of Osun Land use Charge Law, 2016’ is
made by a legislative body unknown to the constitution of the Federal
Republic of Nigeria”.
He stated if the law is allowed to operate, the state through a private
company, Interspatial Limited will be making an average of unlawful N50
billion per annum at a time when workers in the state are being paid
irregularly with half salaries.
Barrister Ajibola asked the court to restrain the state from implementing
the law and set it aside in its entirety adding that the policy and its
operation would be encouraging social, security and economic malaises in
the state.
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