Tuesday RapAround: Between Governance And Executive Recklessness

Between Governance And Executive Recklessness By Michael Ayotunde

It is a common knowledge that where there is no law, there is no offence.

Conversely, where there are laws, rules and regulations, there would definitely be shortcomings, misgivings, simply because the law has spelt out clearly the rules of engagement of every member of the society – be it as an individual or at corporate and organizational level.

In Nigeria, for instance, could one conveniently say the country has not really come of age, having actually celebrated 57 years of independence?

This is in the light of a near gloomy scenario that is playing out in the ‘state of the living spring’ which Nigeria’s Constitution, the 1999 Constitution as amended, recognized as Osun State but was inadvertently changed to State of Osun by a man who was sworn-in to protect and defend, at all times, the spirit and letters of the Constitution – but is now being seen contravening the same constitutional provisions that brought him to power.

With this development, one of course, is tempted to ask – of what benefit or relevance is the change in name of the state to the economic survival and transformation of the people of the state?
Does that truly correlate with the demands of an average Osun resident?

The Okada riders, market men and women, artisans, farmers, students, youths and indeed, the corporate bodies, was the change in name actually their topmost demand from the managers of Abere palatial quarters?

Or since the inglorious change, what has the decision added to the fortune of the state – a state where hapless workers only smile to the bank at the end of the month to collect half-month salary?

And yet the state government does not feel something is wrong, instead, it is still bragging, giving itself pass mark on achievement which only the state government can see and acknowledge; but is hidden to truly discerning eyes of members of the public.

It beats one’s imagination that a sitting governor who can barely manage the affairs of the state for almost 8 years, and without being remorseful, is now busy traversing the length and breath of the state like a colossus, oiling his machinery for another slot possibly at the federal level.

Does this not justify the saying that the accidental leaders we have today are only after their purse and potbellies and their cronies? And not necessarily after what works for the majority or the society at large. This is because if the yearnings and aspirations of the people are the motives behind whatever we are made to understand they are doing, then the unfortunate situations where workers get half-month salary should have been a thing of the past; in fact, it shouldn’t have arose in the first place.

Sadly, the situation of things in the state is pathetic, yet the governor seems unperturbed, preferring instead to take for granted the sensibility of the populace. The economy of the state is at its lowest ebb, there are no jobs, with people lamenting bitterly over the state of things, and here we are hearing the governor and his town criers feeding the public with half-baked truth.

Why is it difficult for them allowing their good works (that’s if they have one) to speak for them? Rather than wasting public funds that should have been used for something productive, and for the benefit of the people, to sponsor image-making campaign.

Some people, no doubt, are fit as carrier politicians. Such people, however, shouldn’t have been allowed access to corridor of power. They will surely abuse simple rules of decency and decorum.

The decision of the Osun State High Court sitting in Ilesa which declared that the changing  of the name of Osun State  to the State of Osun by the administration of Governor Rauf Aregbesola is illegal, was no doubt, instructive.

I think the Judge must be commended for his bravery and magnanimity, for standing firm and ensure that justice is done over the issue without considering whose ox is gored.

Justice Yinka Afolabi,  while delivering the judgment  in a case instituted by the Chairman, Nigerian Bar Association, Ilesa branch, Mr.  Kanmi Ajibola, to challenge  the legality of the “State of Osun Land Use Charge  Law” held that the law and its makers were unknown to the 1999 Constitution.

This is very clear and apt. The concern now is the danger such unfortunate decisions pose to Nigeria, cause where such executive recklessness is left unchecked and or unattended to, sure, the nation is heading to the rock.

This is because how do we justify a situation where every tom, dick and harry come into power and effect substantial change to statutory issues such as the name of a state?

If it is something that is capable of lifting majority of the people out of the woods, that’s a different ball game. But in this situation, it is just one of the white elephant projects the governor embarked upon at the start of his administration, majority of which have gone awry. Of course, that happens when priority is misplaced.

Aregbesola had changed the name of the state from Osun State to State of Osun in 2011 but the NBA chairman, who is a human rights activists, had approached the court  in 2016 and asked the court to declare as null all transactions done by the state with the name of State of Osun.

The presiding judge also declared that the makers of the law, who are currently serving as members of the state House of Assembly, were not sworn in as members of the“State of Osun House of Assembly” but as members of the Osun State House of Assembly going by the seventh scheduled of the 1999 Constitution.

Governor Rauf Aregbesola

He said, “The executive governor of the state changed the name in 2011. The renaming of a state goes further and deeper for anyone to singlehandedly do. To re-order the name of Osun State  as “State of Osun” is hereby declare as illegal, null and void.

“On the oath of allegiance, I want to state that the seventh schedule is part of the law. It is not a mere draft or a mere oath. It does not give room for any alteration. After deposing to an oath of office, you cannot turn around to do otherwise,” the Justice Afolabi stated.

In his wisdom, Justice Afolabi threw out all the arguments by the state Attorney General, Dr. Ajibola Basiru, who was the counsel for the governor and the state government and that of the Director of Legal Services, Mrs. Rachel Ojinni as he granted all the seven prayers of the plaintiff.

The state Attorney General was quoted to have said that the state government would appeal the verdict at the Court of Appeal. It remains to be seen how they will prove their case to ensure that an alien clause is recognized by the Constitution.

Osun State Attorney General, Dr Ajibola Basiru

Aside that, what becomes of all actions and engagements the present administration in Osun has executed in the name of what has now been regarded as ‘alien’, the controversial ” state of Osun”? Would the law not take into consideration any act or attempt designed to subject the nation’s Constitution into public ridicule?

One indisputable fact is time has been wasted, resources have been wasted, governance has been subjected to disrepute and public ridicule. As such, somebody must be made to account. This has become necessary to serve as deterrent to those that may want to come up with similar venture in the future.

A stitch in time saves nine.