The Osun State Government and the All Progressives Congress (APC) on Monday expressed opposing views over the recent Appeal Court verdict delivered in Akure regarding the sacked APC Local Government Chairmen and Councillors elected on October 15, 2022.
Recall that the Federal High Court sitting in Osogbo had previously nullified the election that brought in 30 local government chairmen and councillors. However, the Appeal Court sitting in Akure on Monday overturned the Federal High Court ruling, reinstating the 30 APC local government chairmen and councillors in Osun State.
In response, Barrister Adegoke Ogunsola, the Legal Adviser of the All Progressives Congress (APC) in Osun, reaffirmed that no local government election could be held in the state as planned by the Osun State Independent Electoral Commission (OSIEC) due to the Court of Appeal’s judgment.
Ogunsola also cautioned the OSIEC Chairman, Barrister Hashim Abioye, to refrain from actions that could undermine the integrity of the judiciary in light of the clear and unanimous verdict delivered by the Court of Appeal in Akure, Ondo State, on 10th February 2025.
He said, “Our attention has been drawn to a misrepresentation issued by Mr. Hashim Abioye, the purported Chairman of Osun State Independent Electoral Commission, which has been manipulated by the People’s Democratic Party (PDP) government in Osun State.
“In his statement, Mr. Abioye deliberately misrepresented the ruling of the Court of Appeal, suggesting that the decision did not reinstate the wrongly sacked APC Local Government Chairmen and Councillors. This is far from the truth. The Court of Appeal explicitly nullified the Federal High Court’s decision that removed the elected chairmen and councillors from office.”
Ogunsola emphasised that the terms of office of the APC local government chairmen and councillors elected in 2022 were still valid and had not expired. He added, “No local government election can be held by the compromised OSIEC in February 2025 to undermine the Court of Appeal’s decision and the continued terms of office of the duly elected chairmen and councillors.”
He urged the public to disregard Abioye’s statements and respect the sanctity of the court’s ruling and the Constitution of the Federal Republic of Nigeria.
On the other hand, the Osun State Government, represented by the Commissioner for Information and Public Enlightenment, Kolapo Alimi, declared that the election held on 15th October 2022, in which the local government chairmen and councillors were elected, was unconstitutional, invalid, and null and void. Alimi cited violations of the Constitution and the Electoral Act of 2022.
According to him, “All persons or individuals occupying offices in the state local government councils by virtue of the said election are accordingly sacked from holding such offices;
“Sections 25 and 26 of the Osun State Independent Electoral Commission Law 2022 having been enacted in contravention of paragraph 12 of the part II,second schedule to the Constitution and being inconsistent with sections 29 and 32 of the Electoral Act 2022 are hereby struck down.
“The judgement above, which was delivered by the Federal High Court on 30th day of November 2022 by Hon. Justice N.Ayo Emmanuel of the Osogbo Federal High Court was appealed against with the Appeal No CA/AK/226M/2024. and the Court of Appeal affirmed the judgement in the ruling delivered on 13th January, 2025.
“Taking the above positions into consideration, the only valid judgement subsisting as at today is the order of the court which nullified the election conducted as enunciated above.
“Therefore, we need to inform the entire citizens of Osun State, most especially, the Security Operatives and Heads of Local Government Administrations( HLA’s) to take note of the fact that, there is no judgement restoring the Yes and No Local Government Chairmen back into the various Local Government Councils in Osun State.
“Consequently, we urge the security operatives to arrest and prosecute anybody, no matter how highly placed, who may want to disrupt the current peace being enjoyed in our dear state.
“We equally, urge all our HLAs to ensure that no intruder or political thug is allowed into the premises of any of our local governments in the state.
“Therefore, anybody who makes an attempt to gain entry into any of the council secretariats should be reported to the security agencies.
“Finally, we want to use this medium to inform the citizens of Osun State that barring any unforeseen circumstance, the local government election scheduled for 22nd of February 2025 will go on as planned,” he said.
Meanwhile, the Osun State chapter of the People’s Democratic Party (PDP) responded to the Appeal Court ruling by urging the public to remain calm.
In a statement signed by the state chairman, Hon. Sunday Bisi, the PDP rejected claims from the opposition that the appellate court’s ruling had halted the scheduled local government election.
Hon. Bisi reassured the people of Osun State that the PDP had activated its legal department to appeal the ruling at the Supreme Court in defence of democracy and the people’s interests. He also stated that the preparations for the local government election would continue as planned, with the PDP viewing it as essential for addressing the needs of rural communities.
The statement further urged the people of Osun to resist any attempts by the APC to destabilise the state, as they had tried following their defeat in the 16th July 2022 election.
