Gov. Rauf Aregbesola of Osun state

An Osogbo High court has dismissed the suit filed by a Legal Practitioner, Mr. Kanmi Ajibola challenging the Governor of Osun State, Ogbeni Rauf Aregbesola for non-appointment of Commissioners and Special Advisers for lack of locus standi.

In a judgment delivered by His Lordship, Hon. Justice Adedoyin Olayinka Ayoola, the court 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 Esq, the immediate past Attorney General and Commissioner for Justice of Osun State and Counsel to Governor of Osun State that Kanmi 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 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 member of the society stressing that the interest he shared in instituting the case must be personal and same was not disclosed in his affidavit.

Rejecting the contention of Ajibola that the preliminary Objection raised by Governor Aregbesola had no foundation, Justice Ayoola held that the Supreme Court had long classified the issue of locus standi and which must reveal that the interest of the Plaintiff surpass that of other members of the society.

Upholding the preliminary Objection of Governor Aregbesola, the judge declared that where the Plaintiff lacked locus standi to bring the suit, the jurisdiction can not be properly invoked.

Consequently, Justice Ayoola held that Adewale Afolabi’s Objection canvassed on behalf of the Governor Aregbesola is meritorious while dismissing the suit filed by Kanmi Ajibola.