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‘ORDER OF MANDAMUS’, THe Legal Weapon About To Be Used To Sack Gov Rauf Aregbesola From Office

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Despite several threats against him, Governor of Osun State Rauf Aregbesola appears unfazed.

He has the support of the state House of Assembly which is virtually made up of members from his political party, All Progressives Congress.

Backed by the State House of Assembly Governor Aregbesola continues to sit tight in the face of growing criticism of his performance, especially the non payment of 8months salaries to workers in the state.

But societynowng.com investigation revealed that all that is about to change.

Opponents of his style of governance appear to have found a way around his immense confidence of continuous stay in office.

And weapon about to be unleashed on him unveiled as ‘Order Of Mandamus’.
Gov Rauf Aregbesola

According to explanations by legal mind, Oyenike Alliyu Adebiyi this is a provision by the law that can be used to compel the State House of Assembly to act against Governor Aregbesola once allegations of non performance is established.

This development comes on the heels of petition against the Governor and calls by a serving judge in Osun State High Court-Justice Oloyede Folahanmi for the State Assembly to impeach Governor Ogbeni Rauf Aregbesola in line with the provision of the Constitution of the Federal Republic of Nigeria over salary arrears.

Oppositions and critics of the under fire state Executive Officer have also latched onto the development – 8months salary arrears- to call on him to throw in the towel since the job of administering the state is proving too difficult for him.

Informants confirmed to societynowng.com that while the stones of calls for resignation continue to rain on Governor Aregbesola, his opponents working behind the scene stumbled on the ‘Order Of Mandamus’

And her presently exploring how to put it to use.

Findings by societynowng.com uncovered explanations by Oyenike Alliyu Adebiyi on the subject

Oyenike writing on her blog, cremelawyer provided precedent by citing reported cases

‘In Gani fawehinmi V. Akilu & ors it was held that an order of mandamus could be issued to compel the Attorney General of Lagos State to issue a fiat to a private prosecutor to prosecute the accused person, Also in Attorney General of Anambra state V. Nwobodo (1992) NWLR PT 256,711 It was held that an order of mandamus may now be issued to compel a court, a judicial officer to perform an act, which is its or their public, official or ministerial duty, in this case private persons successfully obtained an order of mandamus compelling the AG to endorse and certify their private information.’

She went on to break down the usage of the about to touted legal weapon against Aregbesola

‘Who is a public officer? Public Officer includes any person in the public service of the government, on whom duty is imposed under an Act or regulation to exercise a power…. from this definition members of the Osun State House of Assembly are Public Officers and can be compelled to investigate and impeach Governor Rauf Aregbesola, if found guilty of mismanagement of the state funds that has lead to a total run down of the state treasury.’

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