By NBF News

The Action Congress of Nigeria (ACN) Governor of Osun State, Mr. Rauf Aregbesola has been dragged before an Osun State High Court in Osogbo over his refusal to appoint commissioners almost eight months after becoming governor.

A pensioner, Major Raphael Towobola (retd) and a businessman, Mr. Adedotun Adebowale, in suit number HOS/M.53/2011 filed by their counsel, Kehinde Adesiyan on Tuesday were seeking an Order of Mandamus to compel Aregbesola to appoint commissioners. They are also seeking another order of the court declaring as null and void, all policies including award of contracts, financial spendings and other activities of government requiring the deliberations and assent of the Osun State Executive Council but which Aregbesola unilaterally carried out.

Filed along with the suit is a motion exparte seeking the leave of the court for a judicial review to compel Aregbesola to constitute his cabinet as stipulated in the Constitution.

The plaintiffs set out eight grounds upon which the reliefs were sought, among which was that the appointment of commissioners in any state was statutory and mandatory by virtue of Section 192(1), 193 and 195 (1 and 2) of the Constitution of the Federal Republic of Nigeria, 1999.

Other grounds are that while it is the duty of Aregbesola to appoint commissioners, the commissioners so appointed are to determine the general direction of the policies of the government of the state. They added that mandatory regular meetings of the State Executive Council were necessary to discharge the executive responsibilities of the government.

The plaintiffs also hinged their action on the fact that the policy directions and the activities of the government of Osun State had been grounded to a halt by reason of the failure of the respondent to constitute the cabinet which is the State Executive Council since about eight months ago when he took over.

'The appointment of an Attorney General for a state who is also to man the office of the Commissioner for Justice of the government of the state has not been made, thereby grounding to a halt, the administration of justice in the state,' they stated, while adding that the government of Osun State was being ran by Aregbesola as a sole administrator.

Filed along with the processes was a written address in which the plaintiffs argued that they were pensioner and businessman respectively and also citizens of Osun State, who were interested in how they and other people of the state were governed.

No date has been fixed for hearing of the application and the substantive suit.