A High court in Osogbo, Osun State, has dismissed the suit filed by a lawyer, Kanmi Ajibola, challenging the failure of Governor of Osun State, Rauf Aregbesola, to appoint commissioners and special advisers.
The court held that the plaintiff lacked locus standi.
Justice Adedoyin Ayoola, in his judgment, upheld the preliminary objection filed by the Governor of Osun State challenging the suit on the basis of lack of locus standi by the plaintiff.
The court adopted the argument canvassed by Adewale Afolabi, the immediate past Attorney General and Commissioner for Justice of Osun State and Counsel to Mr. Aregbesola, that Mr. Ajibola failed to make available to the court facts which showed that he suffered extraordinary injury by Governor Rauf Aregbesola’s failure to appoint commissioners and special advisers.
Citing the relevant Supreme Court cases, the judge concluded that Mr. Ajibola failed to depose to any fact which showed that his rights had been affected beyond that of ordinary member of the public.
The court similarly held that the issue of locus standi of the plaintiff must not be the one he shared with other members of the society stressing that the interest he shared in instituting the case must be personal and same was not disclosed in his affidavit.
The judge held further that the Supreme Court had long classified the issue of locus standi and which must reveal that the interest of the plaintiff surpassed that of other members of the society.
Upholding the preliminary objection of Mr. Aregbesola, the judge declared that where the plaintiff lacked locus standi to bring the suit, the jurisdiction cannot be properly invoked.
Consequently, Justice Ayoola held that Adewale Afolabi’s objection canvassed on behalf of Mr. Aregbesola is meritorious while dismissing the suit filed by Kanmi Ajibola.
Mr. Aregbesola only recently appointed commissioners after about two years into his second term as Osun governor.