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 party has also sued Mr. Adeleke’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.
Governor Adeleke disclosed his and his deputy’s commissioner portfolios during the inauguration of 25 commissioners in Osogbo on 19 July. However, the APC, through its lawyer, Sherif Oluyombo, contends that the appointments may be a violation of Section 183 of the Nigerian constitution.
The party is seeking the court’s determination on whether a state governor can hold any other executive office during their tenure, as stated in Section 192(2) and (5) of the Nigerian constitution. Additionally, the plaintiff asks the court to ascertain whether a person can be validly appointed a commissioner of the state government if their nomination is not forwarded to and received by the State’s House of Assembly for confirmation.
In its prayers, the APC lists Governor Adeleke, Kola Adewusi, the Osun State Attorney-General and Commissioner for Justice, and the Osun State House of Assembly as defendants. The party seeks the court to declare the appointments of Governor Adeleke and Mr. Adewusi as commissioners as “unconstitutional.”
The APC is urging the court to nullify Governor Adeleke’s self-appointment as the Commissioner for Works, citing it as invalid and contrary to sections 183 and 192(2) and (5) of the Constitution. The party also requests the nullification of Mr. Adewusi’s appointment as the State Commissioner for Sports and Special Needs, deeming it invalid and contrary to the constitution.
Furthermore, the plaintiff is seeking a restraining order against Governor Adeleke from performing the functions of the office of the commissioner for works while he holds the office of governor. The APC also seeks a restraining order against Mr. Adewusi from parading himself as a commissioner until he is nominated by Governor Adeleke, and his nomination goes through parliamentary screening for confirmation.
The lawsuit was filed on 21 July, but a judge for a hearing has not yet been assigned. Governor Adeleke emerged as governor last year after defeating former Governor Adegbyega Oyetola of the APC in the election.
