Politics
Osun APC, Assembly Tackle Adeleke Over Executive Orders
The All Progressives Congress and the Osun State House of Assembly have tackled the new Osun State Governor, Ademola Adeleke, over the six Executive Orders he signed on Monday.
They condemned the new governor for reversing some appointments and job recruitments made by his predecessor, Gboyega Oyetola.
In his first official action as governor, Adeleke who was elected under the Peoples Democratic Party platform announced the sacking of alleged 12,000 workers employed by his predecessor.
He also deposed three monarchs and allegedly ordered the withdrawal of the certificate of return of local council chairmen elected under the APC in the October 15 local government elections conducted by the State Independent Electoral Commission.
The decision to withdraw their certificates of return was contained in a statement signed by the OSIEC Executive Secretary, Adedapo Adejumo, in Osogbo on Monday.
It is reported that Justice Nathaniel Ayo-Emmanuel last Friday nullified the council election, citing non-compliance with the 2022 Electoral Act, following a case filed by the PDP against OSIEC, APC and some of its chairmanship candidates.
The court held that the electoral commission did not comply with the provisions of sections 24 of OSIEC Law, 2022 and Section 28 of the Electoral Act 2022, which mandated it to give a notice of 360 days before the conduct of the election.
Furthermore, the governor abolished the ‘State of Osun’ appellation, which was promulgated by one of his predecessors, Rauf Aregbesola, froze the state accounts, reversed the appointment of 30 permanent secretaries by Oyetola, while promising to correct past injustices, corrupt acts, and bad policies of the immediate past administration.
Earlier, the Secretary to the State Government, Tesleem Igbalaye, announced the suspension of the Chairman of the Osun State Independent Electoral Commission, Mr. Segun Oladitan, alongside six members of the Commission with immediate effect.
The suspension was said to have been based on several petitions bordering on financial impropriety, dereliction of duty, absenteeism and abuse of office against the said chairman and members of the commission.
The statement read, “The Executive Governor of Osun State, Senator Ademola Jackson Nurudeen Adeleke has directed the immediate suspension of the Chairman of the Osun State Independent Electoral Commission, Mr. Segun Oladitan and the following members of the Commission; Mr. Yusuf Oyeniran; . Alhaja Suibat Adubi; Prince Yinka Ajiboye; Mrs. Abosede Omibeku; Mr. Dosu Gidigbi and Mr. Wahab Adewoyin.
“This suspension is sequel to several petitions bothering on financial impropriety, dereliction of duty, absenteeism and abuse of office against the said chairman and members of the commission.
“Pending the outcome of an investigation into the allegations against the suspended chairman and members of the commission, the Secretary to the commission shall hold forth in running the affairs of the commission.”
APC kicks
But the National Vice Chairman (South-West) of the All Progressives Congress, Mr Isaac Kekemeke faulted Adeleke’s actions, noting that his predecessor’s tenure did not end with the new governor’s electoral victory on July 17.
Kekemeke in a statement on Monday admonished Adeleke to exercise authority with sobriety in order to avoid endless litigation and distractions.
He said, “Governor Adeleke shouldn’t be too excited; government is a continuum and is bound by contractual relationships duly entered into by competent authorities.
‘’One thing he, Adeleke has probably and sadly overlooked is that Oyetola’s administration did not end with the announcement of his victory by the Independent National Electoral commission.
“Oyetola and no other person was still governor between July 17th, and November 26th, 2022. The right to continuously review government programmes and activities must be exercised objectively and with sobriety; as to do otherwise will be courting distractions through endless litigation and agitation.
‘’He (Adeleke) was governor-elect between that period, while Oyetola remained governor with unhindered powers to exercise the functions of that office as he deems fit, albeit legally.”
Also taking up the governor on his actions, the Osun State House Assembly said it rejected the contents of the Executive Orders signed by the new helmsman.
This was contained in a statement signed by the Chairman, House Committee on Media and Publicity, Moshood Akande.
The assembly insisted that the state anthem, crest and flag were all backed by law, adding that their usage remains a matter of law and not optional.
The statement read, “The State of Osun House of Assembly having reviewed the inaugural speech of the governor and the activities of the inauguration hereby resolves as follows:
“The usage of the state anthem, crest and flag is an enactment of law and as such, its usage is a matter of law and not choice. The enactment ‘State of Osun Anthem, Crest and Flag Law, 2012’ assented to on the 18th of December, 2012 contained in Schedule 1, Il, Ill, IV and V, which carefully details every component of this law is not in ambiguity.
“Schedule I is the State Anthem, Schedule I has to do with the state Crest, Schedule III is the symbolic significance of the symbolic significance of the element in the flag. Lastly, while we are aware of a court judgment in effect recognizing “Osun State”, the Assembly, pending the determination and exhaustion of all legal means would not be drawn into this matter.
“However, the state shall and will continue to be described as the State of the Virtuous (Ipinle Omoluabi).”
Adeleke Defends Actions
Explaining further the content of the Executive Order, signed on Monday by Adeleke, his spokesperson, Olawale Rasheed in a statement said the six orders assented to by the governor covered the appointment of workers, monarchs, among others.
He also said four committees had been instituted to review and audit appointments/promotions: state assets inventory and recovery committee, contractors, MoUs/agreements review committee, chieftaincy matters/appointment of traditional rulers review committee.
According to him, the governor has also reversed all appointments in the service of Osun State government made into any capacity in all the ministries, departments, agencies, commissions, boards and parastatals after July 17.
He also stated that all appointments of traditional rulers made by the immediate past administration after July 17 would be reviewed.
The governor specifically asked the Aree of Iree, Akinrun of Ikirun and Owa of Igbajo to vacate their palaces.
The statement noted, “Executive Governor of Osun state, Senator Ademola Adeleke has issued six executive orders to take immediate effect. The orders signed this morning by His Excellency covered chieftaincy matters, appointments issues, setting up of review panel, staff audit and employment matters.’’
PDP Backs Governor
However, the PDP has thrown its weight behind the governor, stating that all his decisions were in order.
Speaking with journalists, the National Publicity Secretary of the party, Debo Ologunagba said Adeleke, having prioritized his programmes, chose to correct the “illegalities” perpetrated by the previous administration.
He said, “We don’t want to elevate his (Kekemeke’s) comments to a point of national discourse. When a government comes on, it has its priority and part of the obligation of PDP government from our mission statement is that we want to rescue and rebuild Nigeria.
“Osun state was in the jugular of reckless and irresponsible government for eight years. A new government is now in place and it is settling down to correct the mistakes of old. If there are illegalities, they should be corrected.
“One of such is the irresponsible and reckless renaming of Osun state as State of Osun which is completely unconstitutional because we are conscious of the constitutionality of our process.
“For us, we are a rule of law party, we follow the process and if there are actions that have been taken that are unconstitutional, any responsible governor which Senator Adeleke represents must reverse that.’’
“Another thing is the unconstitutional conduct of elections to the local government. They were advised but because the APC is run by people who are not interested in the rule of law and believe in impunity; they went ahead to conduct an illegal election which of a court of competent jurisdiction has set aside,” he said
Ologunagba argued further that the governor simply obeyed the court order by dissolving the elected council executives.
He added, “When the APC makes a comment from afar, you disregard it because it is not worth it. So the governor has obeyed the court order by dissolving that charade.
‘’The people are happy with his decision because of the madness of this APC in the last eight years. No tangible project was established but corruption and recklessness were the order of the day.’’
LG Chairmen React
But reacting to the withdrawal of Certificates of Return issued to the elected council officials, the Chairman of Irepodun Local Government, Adegoke Ogunsola, said having studied the decision, the affected officials have valid grounds to approach the court for redress.
Ogunsola, a lawyer, explained that after the court judgment last Friday, the affected parties filed a notice of appeal and duly served the PDP, a development which ought to have put to rest all issues concerning local government elections until the relevant court decides the matter.
Besides, Ogunsola said the OSIEC secretary, a career civil servant, could not be used to withdraw the certificates issued to them by the commission, except the court ruled that it should be withdrawn.
He stated, “There are so many issues. They got a judgment against us on Friday on the procedures of the elections. Immediately after the judgment was delivered, we filed a notice of appeal and stay of execution.
“The All Progressive Congress and some of us who are parties to the case and we served them (the PDP). That is why he (Adeleke) could not pronounce on it in his inaugural address.
“After that, he directed the most senior career officers to take over from us which is illegal in the sense that once you file a notice of appeal and stay of execution and you serve your opponent who wants to execute the judgment, you are not supposed to do anything on the matter any longer. You have to respect that until the court gives its ruling.
“Furthermore, this afternoon, the OSIEC executive secretary made a release that they will not appeal the judgment and that our certificate should be withdrawn. We are still studying the situation to know what next to do because he doesn’t have that power. It is the court that can withdraw the certificate that has been issued.’’
“The party has taken a position. The secretary of the party called and asked me to study the relevant laws and get back to him and I told him that the next thing is to challenge the decision of the executive secretary of OSIEC in court,” Ogunsola concluded.
One of the monarchs affected by the executive order, the Akinrun of Ikirun, Oba Olalekan Akadiri, said he had directed his chiefs to vacate the palace.
He said, “I don’t have issue with the fact that the government wants to set up a committee to review the process that produced me as monarch. The process that made me a monarch is perfect and I don’t think I have engaged in any manipulation. I have ordered the chiefs to move out of the palace to allow the government do its job.”
Meanwhile, the reversal of appointments into the civil service ordered by the governor may affect thousands of the workers recruited after Oyetola had lost his re-election.
Findings indicate that about 3,000 new teachers were recruited into various public primary schools in the state between mid-July and November.
It was also learnt that last Wednesday, 100 letters of appointment were taken to Osun State Polytechnic, Iree for distribution to those newly employed.
Over 1,000 workers were also reportedly employed through the State Hospital Management Development Board between July and November, while about 61 freelance staff that have worked with Osun State Broadcasting Corporation for many years were also absorbed into full-time service of the station.
Sources also said 1,500 teachers were recruited to secondary schools across the state after the July 16 elections.
But Oyetola’s spokesperson, Ismail Omipidan, dismissed as false the reports that his principal employed 12, 000 into the civil service.
He challenged the government to publish the list of the purported 12, 000 workers, asking, “What is the entire workforce of the state?”
PUNCH
Politics
Ondo Election Legal Battle Intensifies As PDP’s Ajayi Files Appeal
The Peoples Democratic Party (PDP) candidate in the 2024 Ondo State governorship election, Agboola Ajayi, has filed an appeal against the December 2 ruling of the Federal High Court in Akure.
The court had dismissed his lawsuit challenging the eligibility of the All Progressives Congress (APC) candidate, Lucky Orimisan Aiyedatiwa, and his running mate, Olayide Owolabi Adelami.
Ajayi, in his notice of appeal dated December 7, 2024, alleged that Justice T.B. Adegoke erred in dismissing his case, which was marked FHC/AK/CS/99/2024.
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The PDP candidate’s initial lawsuit raised concerns over discrepancies in the certificates submitted by Aiyedatiwa to the Independent National Electoral Commission (INEC). Ajayi argued that these discrepancies violated electoral laws and called into question Aiyedatiwa’s qualifications to run for office.
Key Allegations in Appeal
Ajayi presented multiple grounds for his appeal, accusing the Federal High Court of failing to properly evaluate the evidence before it.
He claimed that: “Unexplained Certificate Discrepancies: Ajayi stated that the trial court failed to address “unexplained and irreconcilable differences” in the names on Aiyedatiwa’s certificates.
According to him, “The 1st Respondent submitted different certificates with different names that were not the same. Throughout the dispute before the trial court, the 1st Respondent never presented a Deed Poll to explain the irreconcilable differences.”
Failure to Grant Reliefs: He criticized the court for dismissing his reliefs despite what he described as compelling evidence.
Ajayi argued, “The lower court failed to properly evaluate the evidence presented before it, which was essentially documentary. The refusal to grant the reliefs in the face of credible evidence on record occasioned a grave miscarriage of justice.”
Neglect of Documentary Evidence: Ajayi contended that the court neglected its duty to evaluate critical statutory documents, which he said were central to proving his case.
He added, “The court was called upon to examine and evaluate the documentary evidence but failed to do so, instead relying on extraneous matters without giving appropriate consideration to whether those assertions were correct.”
Standing to Sue: The PDP candidate argued that the trial court erred by dismissing his legal standing to challenge Aiyedatiwa’s nomination. He noted, “The issue of nomination and sponsorship of a candidate is both intra- and inter-party affairs of an interested party in an election, as in this instant case.”
Ajayi is asking the Court of Appeal to overturn the High Court’s judgment and grant the reliefs he sought at the trial court.
These include an order invalidating Aiyedatiwa’s candidacy due to the certificate discrepancies and setting aside the December 2 ruling.
Specifically, he requested, “An order allowing the appeal and setting aside the judgment of the Federal High Court sitting in Akure, Ondo State, delivered on the 2nd of December, 2024, by Hon. Justice T.B. Adegoke.”
“An order granting the reliefs sought by the appellants as plaintiffs before the trial court.”
Ajayi also faulted the court’s interpretation of Section 29(1)-(5) of the Electoral Act, 2022. He argued that the provisions were given a “narrow and restrictive” reading, which ignored the broader intent of the law.
The appeal is the latest development in the heated political contest between the PDP and APC in Ondo State.
Legal experts believe the outcome of the case could significantly impact the governorship race.
Politics
Adeleke Congratulates Ghanaian President-Elect, Mahama
Osun State Governor, Senator Ademola Adeleke has congratulated the newly elected president of Ghana, John Mahama.
This was gleaned in a government house statement in Osogbo on Monday in which Gov Adeleke described President Mahama as “a true democrat and a genuine friend of Nigeria”
Gov Adeleke stated, “we have been sharing deep thoughts about the true essence of democracy and the imperative of respect for people’s will as the bedrock of virile democratic state.
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“All through his days in the opposition, he adopted the best of democratic model with unbending faith in the capacity of voters to decide and the necessity of the system to accept the voters’ will as expressed without any equivocation. His faith in the electorate amidst hard work of electioneering campaigns paid off with a resounding victory at the polls.
“I further commend the ruling party for conceding defeat without attempting any electoral hijack. This was a demonstration of electoral maturity worthy of emulation by actors within the Nigerian space.
“I rejoice with my dear brother as our dreams come true by the grace of God and the people. As he prepares to return to the State House, I have no doubt that he will take Ghana to greater heights.
“I call for a closer, more robust relationship between Nigeria and Ghana. Both countries must deepen cooperation under mutual respect and opportunities. Our brotherly relationship should extend to the sub-national level for the benefits of citizens and residents of our dear nations.”
Politics
SERAP Urges Akpabio, Abbas To Assess Human Rights Impacts Of Tax Reform Bills
The Socio-Economic Rights and Accountability Project (SERAP) has urged Nigeria’s Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas “to urgently assess the human rights impacts of Nigeria’s reform bills currently being discussed by the National Assembly including on Nigerians living in poverty.”
According to the SERAP said, “any discussion and consideration of the tax reform bills must ensure full compliance with provisions of the Nigerian Constitution 1999 [as amended] and the country’s international human rights obligations and commitments.”
The call was contained in a letter dated December 7, 2024, under the signature of its deputy director Kolawole Oluwadare, in which the SERAP stated, inter alia, “The assessments should be transparent, include public participation, and shape the provisions and measures that are ultimately passed. The outcome of any such assessments should be widely published.”
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The SERAP urged Akpabio, and Abbas “to pass a resolution directing Mr Lateef Fagbemi, SAN, the Attorney General of the Federation and Minister of Justice to hold Nigeria’s state governors to account on their spending of trillions of naira of revenue derived from taxes including VATs collected by their states since 2015 and to ensure the recovery of any proceeds of corruption.”
The letter, read in part: “SERAP urges you to ensure the inclusion in the tax reform bills of transparency and accountability mechanisms to ensure that any revenue derived from taxes covered under the bills are not mismanaged, diverted or pocketed by politicians, their family members and close associates.
“SERAP notes that Nigerian authorities have the discretion to develop laws on taxation most appropriate to their circumstances.
“However, the Nigerian Constitution 1999 [as amended] and human rights and anticorruption treaties to which the country is a state party impose limits on the discretion of the authorities in the development of any such laws.
“Our preliminary review of the provisions of the tax reform bills shows that the bills contain some provisions that are antithetical to human rights and the rule of law.
“For example, section 28(2)(c) of the Tax Administration bill among others, requires financial institutions including banks to provide to tax authorities ‘the names, addresses, or any other information of new or existing customers.’
“Under section 28(4), financial institutions must make ‘additional disclosure” about their customers ‘if it is required by a notice signed by the Chief Executive Officer of the relevant tax authority.’
“These provisions, especially the phrases ‘any other information’ and ‘additional disclosure’, if implemented, could be used unjustifiably or arbitrarily to restrict the right to privacy of customers.
“The risks of violations of human rights are illustrated by the absence in the bills of sufficient safeguards against abuse of access to personal data of customers.
“The provisions also give little or no consideration to data protection, thereby increasing the risks of misuse by public authorities of a customer’s personal details including their home address.
“Another troubling provision of the tax reform bills is section 57 of the Tax Administration bill which grants broad, extensive and intrusive powers to tax authorities which may be misused to undermine Nigerians’ human rights.
“In particular, section 57(1) provides that ‘an authorised officer of the relevant tax authority shall have free access to all land, buildings, places, books and documents, in the custody or under the control of a person, public officer, or institution, for the purpose of inspecting the books or documents.’
“Such official will also have free access to ‘any property, process or matter which the officer considers necessary or relevant for the purpose of collecting any tax.’
“Under subsection 2, ‘the relevant tax authority shall take immediate possession of [any] removable media and the related removable equipment or computer used to access the stored documents on the media in order to prevent the accidental or intentional destruction, removal or alteration of records and documents.’
“Section 57(5) seems to pre-empt the nature of any judicial authorisation required for tax official ‘enter any private dwelling’ by prescribing that such authorisation will ‘be valid for a period of three months from the date of its issue or such lesser period as the judicial officer considers appropriate.’
“Under subsection 6, the tax official is required to ‘produce the written authorisation and evidence of identity “on first entering the private dwelling’. The official will only produce such evidence subsequently if they consider it reasonable to do so.
“These provisions are broadly worded and could be misused to violate Nigerians’ human rights.
“The provisions also do not contain any special safeguards which means that the broad, extensive and intrusive powers granted to tax authorities could be arbitrarily exercised without any accountability.
“Section 57 also does not contain any explicit provisions that would allow the court to examine the lawfulness or necessity of any authorisation before or after any entering.
“The provisions of section 81 of the Tax Administration bill essentially oust the jurisdiction of the court in pending tax matters by stating that ‘the pendency of a legal proceeding shall not affect the performance of the duties or obligations of any taxable person under this Act or any other tax law.’
“The provisions could be misused to infringe the rights to equality and the right of access to courts, denying the right of an effective remedy to any aggrieved party.
“Several other provisions of the tax bills lack mechanisms for effective oversight and accountability, as required by the rule of law in a democratic society, thereby increasing the risks of abuse of power or arbitrariness. The provisions could be misused to violate Nigerians’ right to property and fair hearing.
“The tax bills also do not seem to contain provisions for a fair balance between the authorities’ powers to collect taxes and the requirements of the protection of the individual’s fundamental rights.
“The absence of provisions in the tax bills on meaningful judicial oversight and review and accountability procedures would also undermine the rights of Nigerians including to privacy and disproportionately affect disadvantaged and marginalized individuals and groups.
“Under human rights law, states including Nigeria are required to make the promotion and protection of human rights central to their tax systems. Nigeria needs a rights-based tax system that works for the people and not the politicians, their family members and close associates.
“The country also needs transparent, democratic and rights-aligned tax reforms to unlock the maximum available resources for the full realisation of human rights.
“Furthermore, there are credible reports that several state governors continue to divert or mismanage the revenue derived from taxes, impeding the funding of public goods and services that are crucial for the progressive realisation of human rights.
“In many states, millions of Nigerians continue to be denied access to essential public services such as water and basic sanitation while millions of children of school age roam the streets.
“SERAP is concerned that growing reports of corruption in the use of tax revenue and other public resources continue to disproportionately affect poor Nigerians and other most vulnerable segments of the population.
“SERAP is concerned that the opposition by some state governors against the tax reform bills may be politically motivated and reduce the tax payable to the national treasury. State governors should constructively engage in good faith in the processes to adopt a national tax system for the country.
“We would be grateful if the recommended measures are taken in the consideration of the tax reform bills.
“If the offending provisions of the tax reform bills including those outlined above are not addressed and brought in conformity with human rights standards and safeguards, SERAP shall take all appropriate legal actions to compel you and other members of the National Assembly to comply with our request in the public interest.
“SERAP notes that the tax reform bills, if properly aligned with human rights standards, would enhance the ability of the Federal Government, states and local governments to fulfil their human rights obligations and adequately fund public services essential for human rights.
“However, without transparency and accountability, revenue derived from taxes may not be spent to combat poverty and fund development as well as provide essential public goods and services for Nigerians.
“The National Assembly has the constitutional responsibility to conduct and publish human rights impact assessments of the tax reform bills to ensure that proposed reforms best protect, advance and fulfill people’s human rights.
“SERAP also urges you to revise and repeal several of the provisions of the bills, particularly the Tax Administration bill.
“SERAP urges you to include provisions in the tax reform bills that will ensure that Nigerians have access to all relevant data and information on fiscal policy and government revenues, including from the corporate sector.
“According to our information, members of the National Assembly are currently discussing Nigeria’s tax bills which primarily aim to ‘provide uniform procedures for a consistent and efficient administration of tax laws in order to- (a) facilitate tax compliance by taxpayers; and (b) optimise tax revenue.’