AGF says Osun’s planned LG elections unconstitutional as state govt remains defiant

The Attorney General of the Federation (AGF) and Minister of Justice Lateef Fagbemi said Thursday that the planned local government election in Osun State is unconstitutional, citing a recent Court of Appeal decision that restored previously sacked local council officials in the state.

Mr Fagbemi, a Senior Advocate of Nigeria (SAN), in a statement shared with journalists, referenced the 10 February judgement of the Court of Appeal, which nullified an earlier High Court ruling that removed elected local government officials in 2022.

But the state government remained defiant, with Governor Ademola Adeleke urging in a state-wide broadcast on Thursday registered voters in the state to go out to vote during the election on Saturday.

Later on Thursday, the governor retweeted a post by his Special Assistant (Digital Media) Olalekan Badmus on X maintaining that “Only a competent court of jurisdiction can stop this election”.

Chaos erupted in the state following an attempt by previously sacked local government officials in the state to resume office based on the 10 February judgement of the Akure Division of the Court of Appeal.

The local government officials emerged from the elections conducted in the twilight of the administration of the immediate-past governor of the state, Adegboyega Oyetola, who is the incumbent Minister of Marine and Blue Economy.

A few days to the inauguration of Mr Adeleke as governor, the Federal High Court in Osogbo nullified the election of the local government officials and removed them from office and replaced them with caretaker committees.

But Mr Fagbemi argued on Thursday that the 10 February judgment of the Court of Appeal in Akure adjudging the suit leading to the Federal High Court as incompetent, has “by implication effectively restored the elected local government officials removed by the Federal High Court back to their offices”.

“Notwithstanding the judgement 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, 22 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 judgement 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,” Mr Fagbemi said.

He also recalled the recent judgement of the Supreme Court which has validated and entrenched local government autonomy.

According to him, the Supreme Court judgement “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 three-year tenure.”

He added that when a court declares a ruling null and void due to lack of jurisdiction, it effectively ceases to exist and has no legal consequences.

Chaos, death, counter-claims

The Court of Appeal sitting in Akure had overturned the earlier Federal High Court judgement which sacked the elected local government chairpersons and councillors in Osun State, all members of the All Progressives Congress (APC).

However, the Osun State Independent Electoral Commission (OSSIEC) has since filed an appeal against the ruling and sought a stay of execution.

Violence broke out in many parts of the as the sacked APC council officials attempted to resume office on Monday.

The police in Osun State confirmed that six persons lost their lives in the crisis.

Governor Adeleke in a state-wide broadcast consoled the families and friends of those who lost their lives and those who sustained injuries in what he described as “the illegal take-over of the local government secretariats by the court-sacked APC chairmen and councilors”.

He said “the unfortunate incident reminds us that abiding by the rule of law remains the best path for a peaceful Osun State.”

The state government, through its Commissioner for Information, Kolapo Alimi, argued that the court did not explicitly reinstate the council officials.

He expressed sadness that “the Court-Sacked APC chairmen and councilors went back yesterday, Wednesday, 19th February 2025, to forcefully break into the various local government secretariats.”

He maintained that the Court of Appeal judgement being touted by the officials did not reinstate them to office as they claimed.

“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.,” he said.

He added, “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.”

He said the rule of law, through the judiciary, will eventually resolve the matter peacefully.

The Osun State government has directed incumbent council administrators to remain in office and warned against any forceful takeover.

AGF’s appeal to governor

Meanwhile, the AGF, on Thursday, accused Governor Adeleke of misrepresenting the Court of Appeal ruling and attempting to bypass due process.

He also condemned attempts to block the reinstated officials from resuming office, warning that any attempt to conduct new elections would lead to further legal and political complications.

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“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,” he advised.

The AGF further expressed his willingness to engage in dialogue with the state government to ensure a peaceful resolution.