There is nothing as “State of Osun”, Court insists

Delivering a judgment in Osogbo, Justice Mathias Agboola of the Osun State High Court on Wednesday, June 3, 2020 insisted that legally and constitutionally there is nothing called “State of Osun” but noted that only Osun State exists.

According to a suit filed by a human rights activist, Barrister Kanmi Ajibola against the government of the state over a personal tax of N5.3 million slammed on him by the state Internal Revenue Service (IRS).

Although, the matter is still at the Appeal Court, officials of the state are still using “State of Osun” in their official engagements and communications.

Describing the tax as vindictive, punitive and speculative, Ajibola added that he was asked to pay much because of his stance against the then governor, Mr. Rauf Aregbesola and that according to him the said Tax law upon which the tax was based should be declared illegal because it was a law made by “The House of Assembly of State of Osun”.

While justice Agboola agreed with the submission of the state counsel that Ajibola did not seek all necessary means of settlement before approaching the court, he frowned at what he called the “artistic colouration” of Osun State as “State of Osun”.

“The issue of Osun State and the ‘State of Osun’ is a loud one” as the judge expressed worry about the failures of lawyers working for the state to tell those in authority about the legal implication of the seemingly “artistic colouration”.

He advised Ajibola to seek redress about the tax matters through other necessary procedures laid down by the tax law, then if all failed, he can return to court.

It could be recalled that, OSUNREPORTERS NEWS had earlier reported that Justice Yinka Afolabi of the state High Court sitting in Ilesa had on December 2017 declared “State of Osun” as illegal and unconstitutional in a case filed against administration of former Governor Rauf  Aregbesola  over the renaming of Osun State as State of Osun by Ajibola.

In another judgment delivered also on Wednesday, Justice Agboola ordered the Ibadan Electricity Distribution Company (IBDC) to pay

Barrister Ajibola and Bar. Olayinka Sokoya a sum of N.5million for not notifying them before shutting down electricity supply to their residents.

The duo had dragged IBDC to court for shutting down electricity supply to Olorunlagbala and Bolorunduro community of Ilesa in March 2019, saying the action of the company badly affected them as they had to forcefully look for alternative means of getting electric power for their homes and businesses.

According to Justice Agboola, going by the Power Reform Sector Acts which is the legal framework and other rules guiding the power industry, it is the duty of IBDC to supply power to their customers unhindered.

While citing several relevant sections of the Acts, the judge noted that IBDC was expected to give at least 24 hours of notice to customers before switching off the light and this must be done in writing as electricity cannot be cut off without justification.

He faulted the argument of IBDC counsel, Bar. Adegbite Adeniyi on some of the reasons he adduced to why electricity to the said areas were cut off, while noting that it is against the law for IBDC “to disconnect power at will”.