Justice Mathias Agboola of the Osun State High Court, Osogbo has said that the name, ‘State of Osun,’ is unconstitutional and does not exist.
While delivering a judgement in a case brought before it by a lawyer, Mr Kanmi Ajibola against the state government over a personal tax of N5.3m that the state Internal Revenue Service asked him to pay, said it amounted to ‘artistic colouration’ when ‘Osun State’ is referred to ‘State of Osun.’
Ajibola had approached the court to seek redress over tax demanded from him which he said was punitive because he usually held opposing views to those of the immediate past governor, Rauf Aregbesola.
The lawyer also urged the court to declare the law upon which the tax was based as illegal since it was a law made by ‘The House of Assembly of State of Osun,’ a body unknown to the constitution.
Defence counsel, M. Popoola had asked that the case be struck out for lack of jurisdiction.
In his judgement, Justice Agboola said lawyers should be wary of legal implications of referring to Osun State as State of Osun.
He, however, upheld the submission of the defence that Ajibola did not seek all necessary means of settlement before approaching the court.
He further held that Ajibola should seek redress through other necessary procedures laid down by the tax law, adding that should such failed, the plaintiff should return to court.
