Osun: "Gov Adeleke’s Self-Appointment as Commissioner of Works is 2-Edged"
Barrister Titilope Anifowoshe has explained the two-edged legal perspectives surrounding the self-appointment of Governor Ademola Adeleke of Osun State as commissioner for works.
The Osun State chapter of the All Progressives Congress (APC) has challenged the declaration by the Peoples Democratic Party (PDP) governor of the state, asking the state's high court to determine the legality of Adeleke holding two executive positions simultaneously.
Source: Twitter
In an exclusive interview with Legit.ng, the legal practitioner explained that the development in Osun State is two-edged while expressing the joy that political parties did not just make a political comment but governance and allowing the court to interpret the law.
Legal perspectives on Governor Adeleke's self-appointment
She said:
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It is lovely to witness Nigeria, where the opposition party is actively working for change rather than merely making political comments and announcements. I'm glad to see a political party choose the judiciary as the best competent law interpreter.
However, the issue of Gov. Adeleke’s self-appointment as Commissioner of Works is a 2-edged that can be viewed from both angles.
1. It is trite law by virtue of Towoju V. Governor of Kwara State (2006) ALL FWLR (Pt 321) 1365 at 1391 para B – C ratio 5 that "Where the words used in the Constitution are Unambiguous, the natural, grammatical and ordinary meaning shall be ascribed to them."
Section 183 of the 1999 Constitution provides, “The Governor shall not during the period when he holds office, hold any other executive office or paid employment in any capacity whatsoever”
We may further argue using the Golden Rule of Interpretation that the provision of S.183 of the Constitution was put in place to prevent conflict of interest and a violation of the principles of separation of powers for a Governor to appoint themselves as a Commissioner.
2. A look at S. 193(1) of the 1999 Constitution states that the Governor of a State MAY, in HIS DISCRETION, assign to the Deputy Governor or any Commissioner of the Government of the State responsibility for any business of the Government of that State, including the administration of any department of Government. The condition didn't say “MAY Appoint HIMSELF”.
3. The confirmation of a Commissioner’s appointment by the State Assembly by virtue of Section 192(2) of 1999 is inalienable to the validity of the appointment.
Indeed, the Governor is already the highest-ranking executive authority in the state and has the power to appoint others to serve in the executive branch. The Constitution's intent is extremely clear regarding the duties and responsibilities of the Commissioner.
Osun: APC drags PDP Gov Adeleke to court for appointing self as commissioner
Legit.ng reported that the APC in Osun State had dragged Governor Ademola Adeleke of the PDP for appointing himself as commissioner for works in the state.
Adeleke on Wednesday announced himself as the state's commissioner for works and declared his deputy as the commissioner for sport and special duty.
The move by the PDP governor did not sit well with the opposition APC in the state, and the party is challenging the development in the state.
Source: Legit.ng
