The Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, has appealed to the Governor of Osun State, Senator Ademola Adeleke, to stop the planned Local Government Council election in the state pending the expiration of the tenure of the Court of Appeal restored officials.
However, Adeleke has said the state had resolved to allow the court to determine the correctness or otherwise of their ruling in the state’s local government crisis.
Adeleke, who said this in a statewide broadcast, tasked politicians to abide by the rule of law even as he urged voters to peacefully exercise their rights at the Saturday local government elections.
This was as the Peoples Democratic Party Governors’ Forum (PDPGF), has taken a firm stance on the Osun crisis, declaring their unwavering support and loyalty to Adeleke.
Also, the Human Rights Writers Association of Nigeria (HURIWA), has called on the Inspector General of Police to immediately evict some members of the All Progressives Congress (APC), who forcefully took over the local government councils in the state.
In the same vein, the Deputy British High Commissioner, Mr Jonny Baxter, has expressed deep concern over the growing insecurity in the state.
Fagbemi, based his advice on the grounds that any election conducted while the tenure of the current LG officials subsisted amounted to an illegality and nullity.
Osun State has been engulfed in crisis leading to the death of several persons, following the forceful take over of the LG secretariats in the state by sacked officials.
A Federal High Court had in 2022, sacked all the local government officials elected under the platform of the All Progressives Congress (APC) on the grounds that the process through which they emerged was unlawful.
Following their sack, Adeleke appointed caretaker committees to run the affairs of the local governments.
But in light of the judgement of the Supreme Court that barred states from running LGs through undemocratic officials, the Osun State Independent Electoral Commission (OSIEC), had fixed local government polls for this weekend.
However, as preparations reached final stage, a Court of Appeal sitting in Akure, last week, voided the judgement of the Federal High Court that sacked the LG officials in 2022, leading to the sacked officials returning to office.
Unfortunately, their forceful occupation of the LG secretariats was resisted by supporters of the caretaker, leading to the political stalemate in the state and the loss of some lives.
Reacting, the AGF clarified that by the recent judgement of the appellate court, “the term of office of the elected officials has regained currency and will naturally run out in October, 2025.”
Observing that the OSIEC had already fixed February 22, for the local government polls, Fagbemi submitted that, “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 judgement of the Court of Appeal will still be running until October 2025, it will also amount to an egregious breach of the Constitution which Governor Adeleke has sworn to uphold.
“Again, the recent judgement of the Supreme Court which has validated and entrenched Local Government autonomy also strengthens the obligation on Governor Adeleke to ensure smooth, non-violent transition from one elected official to another in accordance with the statutorily prescribed 3 year tenure.
“For avoidance of doubt, when proceedings and decisions of 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 judgement of February 10, 2025 which is superior to any High Court decision, defines the legal position in this case and represents the only legally enforceable judgement and has the legal effect of returning the initially sacked local government democratically elected officials of Osun State.”
Fagbemi added that the constitutional order, which existed before the dissolution must be restored immediately since the judgement 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.
The minister subsequently appealed to 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 advice Osun State Independent Electoral Commission (OSIEC) to shelve the idea of proceeding with any Local Government Election 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 general,” the minister added.
In a statewide broadcast in Osogbo, Adeleke declared that peace had returned to the state after the recent face-off, which was a result of the illegal forceful takeover of local government secretariats by the court-sacked APC chairmen and Councilors, declaring that “Osun State is back to normalcy as one of the most peaceful states in the federation.”
The governor, who consoled the families and friends of those who lost their lives and those who sustained injuries in the illegal take-over of the local government secretariats by the court-sacked APC chairmen and councilors, said, “The unfortunate incident reminds us that abiding by the rule of law remains the best path for a peaceful Osun State.
“I particularly appreciate and commend our people for complying with my directives to stay away from local government secretariats. The compliance saved our state from further confrontations and casualties. It has returned the state of the living spring to its peaceful and loving nature.
“I regret to report to the good people of Osun State that the Court-Sacked APC chairmen and councilors went back yesterday, Wednesday, 19th February 2025, to forcefully break into the various local government secretariats.
“I urged and directed everyone in Osun State to stay away from the Local Government Secretariats to avoid any confrontation with them. The rule of law, through the judiciary, will eventually resolve the matter peacefully. Please, let us be patient.
“Those who claim to have a court judgment that ordered their reinstatement should approach the court for the enforcement of the said order of court instead of resorting to self-help, which is illegal.
“The Nigerian judiciary has its enforcement procedure, which everyone must follow. If you have a genuine court order, follow the court enforcement protocols.
“As a government, we have read through the said judgment. We have submitted it to the best of legal minds for interpretation. There is nowhere a reinstatement order was issued. No matter the manner of misinterpretation, that judgment contains no consequential order nor any reinstatement directive.
“Most importantly, the judgment in the APP suit, which sacked the APC chairmen and Councilors, is still subsisting and alive. The appeal by APC against this judgment did not succeed at the Court of Appeal. The APC appeal was dismissed.
“If the occupying court-sacked APC chairmen and councilors chose to continue on the path of illegal self-help, I assure our people that the best route to resolution is the rule of law through the judiciary.
“I am committed to upholding the rule of law alongside the passionate observance of the constitution. We will allow the court to determine the correctness or otherwise of their claim. We have confidence in the democratic credentials of President Tinubu, who we know will always insist on the rule of law.
“I implore our people to continue to sustain the peace that has returned to our dear state. We need peaceful coexistence to expand our good governance delivery of the past two years. Osun state remains truly peaceful.
“Finally, I urge all registered voters to vote in the local government election of Saturday, 22nd February 2025, and to conduct themselves peacefully at all times,” the governor noted in the broadcast.
PDP Governors Back Adeleke
PDP Governors’ Forum, on Thursday, took a firm stance on the ongoing local government leadership crisis in Osun State, and declared their support and loyalty to Governor Ademola Adeleke.
In a statement, the governors noted with deep concern the recent political violence in Osun State, which led to the loss of lives and the destruction of property.
The party, however, condemned in its entirety the resort to self-help by political players, whose conduct ought to have been guided by the provisions of extant laws in a democratic society.
The forum further noted with worry the resort to violence as a means of settling political and legal disputes and warns all those fanning the embers of discord to desist forthwith.
Chairman of the forum and Governor of Bauchi State, Senator Bala Mohammed explained that the concern of the PDPGF stemmed from the fact that Adeleke had earlier warned about the imminent breakdown of law and order and appealed to the responsible authorities to act to forestall this.
The forum commended the Osun State Governor for the timely warning in the form of statements he issued before the political actors resorted to violence, saying his action was a mark of exemplary leadership.
HURIWA to Police: Dislodge Unlawful Occupiers of Osun LG Councils Now
The Human Rights Writers Association of Nigeria (HURIWA), has called on the Inspector General (IG) of Police to immediately evict some members of the All Progressives Congress (APC), who forcefully took over activities at the Local Government Councils in Osun State.
According to the rights group, the action of the APC members represented a dangerous precedent that must not be tolerated.
HURIWA made the call on Thursday in Abuja, while addressing journalists on the illegal occupation of the council secretariats by the APC LG officials, who were sacked in 2022.
Its National Coordinator, Comrade Emmanuel Onwubiko,said the action of the sacked LG officials from the APC was done in blatant disregard for the rule of law, aided by the indifference of security agencies, was not only an affront to the judicial process but also a deliberate attempt to plunge the state into chaos and anarchy.
Recalling that a Federal High Court in OSU had in 2022 nullified the LG election that produced the sacked officials, HURIWA stressed that “contrary to the deliberate misinformation being peddled, the Court of Appeal did not reinstate the sacked local government officials.
“The Court of Appeal only struck out the PDP’s case on technical grounds, holding that the suit was premature because no cause of action had arisen at the time of filing. This decision did not in any way invalidate the Federal High Court judgement secured by APP, which remains binding on all parties.”
British Envoy Decries Insecurity in Osun
The Deputy British High Commissioner, Mr Jonny Baxter,has expressed deep concern over the growing insecurity in Osun State.
He stated this when he paid a courtesy visit to the Ooni of Ife, Ooni Adeyeye Enitan Ogunwusi, at his Ile Oodua Palace.
Speaking at the gathering, Baxter expressed deep concern over the deteriorating security situation in Osun State.
“I have known Osun State to be a peaceful place for the past 15 years. Seeing and hearing about the destruction of lives and properties for political reasons is deeply condemnable,” he remarked.”
He further urged the Ooni, as the paramount leader of the Yoruba people, to take decisive steps to restore the peace and tranquility for which the state is known.
Emphasising the historical ties between Ile-Ife and Britain, he noted the similarities between Buckingham Palace and the House of Oduduwa. He appealed to the Ooni to strengthen this bond for the mutual growth of both cultural institutions.
“The first Governor of Western Nigeria Ooni Adesoji Aderemi was able to build a very strong institutional relationship with the Buckingham palace in London.
“This relationship was strengthened by your predecessor Ooni Okunade Sijuwade. Please, don’t let the bond break during your reign as the present Ooni of Ife and the overall king of Yoruba race,” he said.
Responding on behalf of the Osun State Council Of Obas and Chiefs, the Ooni Ogunwusi condemned the violence and urged political actors in the state to prioritise peace over personal ambitions reminding the politicians that no one is bigger than the state.
“The destruction of lives and properties for political gains is unwarranted. Osun has been known for its peace and harmony over the years as the British Deputy Commissioner here has noted.
“I, on behalf of the Osun State Council Of Obas and Chiefs, call on all politicians in Osun State to sheath their swords and remember that no one is greater than the state,” Ooni Ogunwusi declared.
APC Chieftain, Expert Urge Tinubu to Prevail on Adeleke to Halt Saturday LG Poll
A chieftain of All Progressives Congress (APC) in OsunState, Hon. Olatunbosun Oyintiloye, has appealed to President Bola Tinubu to prevail on Governor Ademola Adeleke of the state not to go ahead with the conduct of Saturday’s local government election in the state.
Equally, an Abuja-based educationist and public policy expert, Mallam Sulayman Nafiu, has warned Adeleke, to respect the Akure Court of Appeal judgment reinstating sacked local government chairmen in Osun State.
Oyintiloye, a former lawmaker, said since there was no vacuum at the local council areas, conducting local government election would be an aberration
The APC chieftain said this while speaking with Journalists on Thursday in Osogbo.
Oyintiloye, a member of defunct APC Presidential Campaign Council (PCC) said, the intervention of the president has become necessary due to the possible outbreak of violence that the conduct of the election might cause in the state.
Nafiu, while speaking with THISDAY, also cautioned Adeleke against disregarding the rule of law, emphasising the importance of upholding democratic principles.
He warned that failure to comply with the court’s judgment would undermine the rule of law and democratic governance in the state.
Nafiu also warned against conducting a scheduled local government election this Saturday, describing it as illegal, considering the existing judgment of the Appeal Court.
“You cannot put something on nothing and expect it to stay there,” he said, quoting Lord Denning.
