The All Progressives Congress (APC) in Osun State has taken legal action against Governor Ademola Adeleke for appointing himself as the state’s Commissioner for Works.
The APC also filed a lawsuit against the governor’s deputy, Kola Adewusi, over his appointment as the Commissioner for Sports and Special Needs.
The lawsuit was filed at the Osun State High Court in Osogbo, the state capital.
The issue stems from an event that took place on 19 July when Governor Adeleke inaugurated 25 commissioners in Osogbo.
During the inauguration, he publicly disclosed that he would be assuming the role of Commissioner for Works, and his deputy, Mr. Adewusi, would be the Commissioner for Sports and Special Needs.
This decision has now sparked a legal battle between the APC and the governor.
The basis of the APC’s lawsuit centers on the alleged violation of Section 183 of the Nigerian constitution.
The party’s lawyer, Sherif Oluyombo, is urging the court to determine whether a state governor can hold any other executive office while in office as governor.
This question seeks clarification on the legitimacy of Governor Adeleke appointing himself and his deputy as commissioners while holding their respective positions.
Also, the plaintiff is seeking the court’s interpretation of Section 192(2) and (5) of the Nigerian constitution.
The APC wants the court to ascertain whether a person can be validly appointed as a commissioner in a state government without their nomination being forwarded to and received by the State House of Assembly for confirmation.
The defendants listed in the lawsuit include the Osun State Attorney-General and Commissioner for Justice, as well as the Osun State House of Assembly.
The APC is requesting the court to declare Governor Adeleke’s self-appointment as Commissioner for Works and Mr. Adewusi’s appointment as Commissioner for Sports and Special Needs as “unconstitutional.”
Furthermore, the party is seeking an order to nullify both appointments, stating that they are invalid and contrary to the provisions of the constitution.
The APC is also requesting that Governor Adeleke be restrained from performing the functions of the Commissioner for Works while holding the office of the state governor.
Similarly, they want Mr. Adewusi to refrain from acting as Commissioner for Sports and Special Needs until his nomination is officially forwarded and confirmed through parliamentary screening.