The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, has clarified that the Court of Appeal’s ruling on February 10, 2025, reinstated the tenures of local government chairmen and councilors who were dismissed in Osun State. However, he noted that the terms of the chairmen and councilors elected during former Governor Adegboyega Oyetola’s tenure with the All Progressives Congress will conclude in October this year.
In a statement issued on behalf of the federal government on Thursday evening, Fagbemi, a Senior Advocate of Nigeria, urged the Osun State government to postpone any plans for local government elections for the time being, prioritizing peace and adherence to the law.
In the signed statement, Fagbemi called on Osun State Governor, Senator Ademola Adeleke, to respect the Court of Appeal’s ruling.
Part of the statement reads: “I have noticed the public concerns raised by Osun State Governor, Ademola Adeleke, regarding the Court of Appeal’s decision delivered on February 10, 2025, in Appeal No. CA/AK/272/2022, which overturned the Federal High Court’s judgment from November 25, 2022.
“This announcement aims to clear up any doubts, fears, and confusion arising from misrepresentations and misinformation regarding the legal implications of the Court of Appeal’s ruling.”
To provide clarity, during the administration of former Osun State Governor Adegboyega Oyetola, elections for local government positions were held, and the winners took office. However, just before Governor Adeleke’s swearing-in, the Federal High Court in Osogbo ruled to nullify the elections, causing the local government officials to be removed from their roles. Upon taking office, Governor Adeleke swiftly enacted an executive order to physically remove these officials and appoint caretakers in their place.
Meanwhile, the APC, involved in the Federal High Court case, appealed the ruling. On February 10, 2025, the Court of Appeal ruled in favor of the APC, declaring the initial suit ineffective and abolishing it. This decision effectively reinstated the local government officials who had been removed.
According to information received, the reinstated officials faced opposition from certain disgruntled individuals, which sparked a conflict. Governor Ademola Nurudeen Jackson Adeleke is certainly aware of this situation and, as a leader, should have taken steps to quell the dissenting voices in accordance with his duty to uphold law and order in Osun State.
Despite the Court of Appeal’s ruling, which validates the continuation of the officials’ tenure until October 2025, Governor Adeleke has announced plans for a new local government election on February 22, 2025. Such an election would not only be unlawful due to the ongoing terms of the reinstated officials but would also constitute a serious violation of the Constitution, which Governor Adeleke has pledged to uphold.
Additionally, a recent Supreme Court ruling that upholds local government autonomy underscores Governor Adeleke’s responsibility to facilitate a peaceful transition between elected officials, adhering to the mandated three-year term.
To clarify, when a court’s decision is rendered a nullity due to lack of jurisdiction, it is essentially void and carries no legal weight. The Court of Appeal’s judgment from February 10, 2025, which takes precedence over any High Court ruling, defines the situation and serves as the only legitimate legal decision, restoring the previously ousted elected local government officials of Osun State.
It is imperative to immediately reinstate the constitutional order that existed before the officials were dissolved, as the grounds for their dissolution have been annulled due to the Federal High Court’s lack of jurisdiction.
I urge Governor Adeleke to respect the rule of law in this situation and avoid inciting further violence in Osun State. Violence serves no one’s interest, making it crucial for the Governor to advise the Osun State Independent Electoral Commission (OSIEC) to suspend any plans for a local government election at this time.
My office is open for any discussions Governor Adeleke may wish to initiate concerning this issue, in the interest of peace for Osun State and Nigeria as a whole.
