Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, has strongly criticized Osun State Governor, Ademola Adeleke, for insisting on holding local government elections on February 22, 2025, despite a Court of Appeal ruling that reinstated previously elected officials.
Fagbemi, in a firmly worded statement on Thursday night, accused Adeleke of attempting to override the judiciary and warned that proceeding with the election would constitute a serious violation of the Constitution.
“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,” Fagbemi cautioned.
The dispute dates back to 2022, when former Governor Adegboyega Oyetola conducted local government elections. Shortly before Adeleke assumed office, the Federal High Court in Osogbo nullified the election, paving the way for the new governor to dissolve the elected councils and install caretaker committees.
Fagbemi made it clear that Adeleke’s response to the judgment has been questionable and potentially destabilizing.
“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,” the AGF stated.
Despite the clear ruling of the appellate court, Adeleke has pushed ahead with plans for a fresh election, an action the AGF described as a direct assault on constitutional order.
Fagbemi further referenced a recent Supreme Court ruling that reinforced local government autonomy, insisting that Adeleke must respect the existing three-year tenure of elected officials.
“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,” he stressed.
The AGF also underscored the legal supremacy of the appellate court’s decision.
“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.”
Fagbemi urged Adeleke to abandon plans for the election, warning that defying the court order could spark unrest in the state.
“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 the Osun State Independent Electoral Commission (OSIEC) to shelve the idea of proceeding with any Local Government Election now.”
The AGF concluded by extending an offer for dialogue, stating his office is open to discussions to ensure peace and stability in Osun State.
