A rights activist, Kanmi Ajibola has insisted that no law promulgated under the name, ‘State of Osun’ can stand, while asking the court to nullify the new land use tax law signed into law recently by Rauf Aregbesola, the governor of Osun State.
Barrister Ajibola who spoke on Thursday, December 01, 2016 at the commencement of the hearing of the suit he filed before an Osun State High Court against the state governor argued that by the provisions of the 1999 constitution, there was nothing called the “State of Osun”.
The suit which was before Justice Yinka Afolabi of an Ilesa High Court although was adjourned to February 6, 2017, the lawyer urged the court to declare the tax law null and void.
Barrister Ajibola who joined the State House of Assembly in the suit 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’ were unlawful and unconstitutional.
According to him, “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 said.
Besides, the lawyer noted that no one can sign into effect any new tax regime apart from the state Commissioner for Finance, informing the court that the governor has failed to inaugurate new state executive council for two years further make the introduction of the said tax unacceptable.
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 and with half salaries.
Barrister Ajibola asked the court to restrain the state government 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.
