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



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.

Delivering a judgment in Osogbo in 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).

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 former Governor Rauf  Aregbesola  over the
renaming of Osun State as State of Osun by Ajibola.

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.

Ajibola had described the tax as vindictive, punitive and speculative,
saying 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.


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