Gov Adeleke, Speaker Egbedun React As Fagbemi Interprets Appeal Court Ruling
Osun State Independent Electoral Commission (OSIEC), the state PDP, the state APC, and other stakeholders in the State of the Living Spring had for days now disagreed sharply on how to interpret the ruling that was delivered by judges of the Court of Appeal, Akure Division, a few days ago.
The court ruling was on the outcome of the local government elections conducted by the Osun State Independent Electoral Commission (OSIEC) on October 15, 2022, and its connection with the local government elections scheduled to hold in the state tomorrow.
The Attorney General of the Federation and Minister of Justice, Mr Lateef Fagbemi, SAN, joined the fray on Thursday night by urging the state government to support the restoration of the chairmen and councilors that were elected in 2022 to office.
Team@orientactualmags.com learned that Fagbemi in a statement released on Thursday night, addressed concerns raised by Governor Adeleke over the ruling while clarifying its legal implications and advising against any actions that may violate the constitution.
‘My attention has been drawn to the public outcry of Osun State Governor, Ademola Adeleke concerning the judgment of the Court of Appeal, Akure division delivered on the 10th day of February 2025 in Appeal No CA/AK/272/2022 which nullified and set aside the judgment of the Federal High Court, Osogbo, Osun State, delivered on 25th day of November 2022.
It has become necessary to issue this public notice to remove doubts, fears, and uncertainties created by misrepresentations and disinformation concerning the legal effect of the judgment of the Court of Appeal. Putting matters in proper context, the event that led to the two judgments was that during the currency of the term of the former Governor of Osun State, Adegboyega Oyetola, election was held into all the local governments of Osun State and winners were sworn in.
However, a few days before the swearing-in of Governor Adeleke, the Federal High Court Osogbo delivered the judgment referred to above in which it nullified the election of the Local Government elected officials and removed them from office. As soon as Governor Adeleke assumed office a few days after the judgment, he issued an executive order for the physical removal of the elected officials and replaced them with caretaker appointees.
Meanwhile, the APC that was a party in the Federal High Court case referred to above appealed against the judgment. The Court of Appeal, eventually, on the 10th day of February 2025, delivered its judgment in the appeal filed by APC against the judgment of the Federal High Court. The Court of Appeal not only allowed the appeal, it also held affirmatively that the suit that resulted in the judgment of the Federal High Court referred to above was incompetent and consequently made an order striking out the suit.
Accordingly, the judgment of the Court of Appeal had by implication effectively restored the elected Local Government officials removed by the Federal High Court, back to their offices. According to the facts made available to my office, it was the attempt by the said elected officials to resume back in their positions that was resisted by some disgruntled elements that led to the crisis. His Excellency, the Governor of Osun State, Ademola Nurudeen Jackson Adeleke is no doubt aware of this scenario and ought, as a leader, to have called the disgruntled elements to order in accordance with his Oath of Office to maintain law and order in Osun State’ he submitted.
Fagbemi also commented on the planned local government elections and he has advised the state government against such a move noting that it would be considered as unconstitutional.
‘Notwithstanding the judgment of the Court of Appeal referenced above, which in effect means that the term of office of the elected officials has regained currency and will naturally run out in October 2025, His Excellency has insisted that a new Local Government election shall be held on Saturday, 22nd February 2025.
Any such election that may be held will not only be invalid since the term of office of the elected officials just restored by the judgment of the Court of Appeal will still be running until October 2025, but it will also amount to an egregious breach of the Constitution which Governor Adeleke has sworn to uphold’ he noted.
‘Again, the recent judgment of the Supreme Court which has validated and entrenched Local Government autonomy also strengthens the obligation on Governor Adeleke to ensure a smooth, non-violent transition from one elected official to another in accordance with the statutorily prescribed three-year tenure.
For the avoidance of doubt, when proceedings and decisions of the court are declared a nullity for lack of jurisdiction, it means they do not exist and have no effect whatsoever. It is my opinion that the Court of Appeal Judgment of 10th February 2025 which is superior to any High Court decision, defines the legal position in this case and represents the only legally enforceable judgment and has the legal effect of returning the initially sacked Local Government democratically elected officials of Osun State.
The constitutional order which existed before the dissolution must be restored immediately since the judgment upon which the Governor acted to dissolve the democratically elected government has been declared a nullity for lack of jurisdiction of the Court to have heard the case and made those orders’ Fagbemi added.
The minister also urged Governor Ademola Adeleke to respect the rule of law while noting that his office will be available for ‘dialogue’.
‘I will appeal to His Excellency, Governor Adeleke to toe the path of law in this matter and not instigate unnecessary violence in Osun State. Nobody benefits from violence. It is, therefore, of utmost importance for Governor Adeleke to advise Osun State Independent Electoral Commission (OSIEC) to shelve the idea of proceeding with any Local Government Elections now.
My office will be happy to be available for any dialogue His Excellency may require on this matter in the interest of the peace of Osun State in particular and Nigeria in genera’ Fagbemi submitted.
Reacting to the advice offered by the Minister of Justice, Governor Ademola Adeleke in a statement issued by his Special Adviser on Legal Matters, Nurudeen Kareem, however presented the line of argument that made him take a clearly defined stance on the issue.
He has also urged Fagbemi to ‘provide clarity’ on the matter.
‘We extend our gratitude to the Honourable Attorney-General of the Federation and Justice Minister, Prince Lateef Fagbemi, SAN, for his valuable insights regarding the judgment in the PDP versus APC case concerning the 2022 Osun local government elections.
While we respect the AGF’s stance on the PDP’s suit, we believe it is essential to highlight the ongoing relevance of the APP v. APC case, particularly given the Federal High Court’s decision in FHC/OS/CS/103/2022, which was subsequently upheld by the Court of Appeal on January 13, 2025.
It is our firm belief that the judgment rendered by the Federal High Court in FHC/OS/CS/103/2022 on November 30, 2022, remains extant, subsisting and binding until overturned by a higher court with appropriate jurisdiction. This principle is well established in legal precedents, including the Supreme Court decision in the case of WADA v. BELLO (2016) 17 NWLR PT 1542 433, which affirms that judgments must be adhered to by all courts whether below or above the Court that made the order in the hierarchy of courts.
Given the significance of this judgment for the integrity of our electoral processes, we respectfully urge the AGF to provide clarity on this matter. The citizens of Osun and the broader Nigerian populace eagerly await his informed opinion, which we believe will contribute to a deeper understanding of the legal landscape surrounding these elections’ the governor said.
Rt. Hon. Adewale Olumide Egbedun, who is the Speaker of Osun State House of Assembly, has also reacted to the advice given by the Minister of Justice while commending Governor Adeleke for his ‘steadfast prioritization of the lives and well-being of our people over mere political gains’ , noting that ‘this commitment is not just a reflection of his character but is also a significant reason why the electorates hold him in such high regard’.
He however accused the Minister of Justice of bias and noted that the governor does not possess the ‘autocratic power’ to stop OSIEC from going ahead with the local government elections.
‘I want to express my sincere appreciation to our national stakeholders who have spoken out regarding the issues we face. Your support and concern for the welfare of the people of Osun State do not go unnoticed, and we are grateful for your voices in these trying times.
However, I must specifically address a concerning issue: the bias demonstrated by the Attorney General of the Federation in his advice to our governor. This advice has had no impact on our commitment to ensuring a fair electoral process. It is vital to understand that our governor does not possess the autocratic power to halt the operations of an independent electoral body, especially one that has been preparing for elections for over 300 days’ he said.
The Speaker ,who accused Fagbemi of seeking to ‘disenfranchise our people from exercising their fundamental right to vote and be voted for’, also asserted that the local government elections will hold tomorrow.
‘I urge the good people of Osun State to come out en masse and exercise your right to vote. Let me reiterate that the LG elections will take place, and nothing will stop it.
Your participation is crucial in shaping the future of our communities’ he added while commending the Osun State Independent Electoral Commission (OSSIEC) for their readiness to conduct the upcoming local government elections-Team@orientactualmags.com Do you have any information you wish to share with us? Do you want us to cover your event or programme? Kindly send SMS to 08059100286, 09094171980 or get in touch via orientactualmag@gmail.com. Thank you
