Appeal Court Ruling: Osun govt says sacked council chairpersons remain dismissed

The Osun State Government says the chairpersons of local government councils dismissed by Governor Ademola Adeleke when he assumed office have not been returned to office by the court.

In a statement by its information commissioner, Kolapo Alimi, the government said a Court of Appeal ruling on Monday did not reinstate the sacked council chiefs.

“The attention of the Osun State Government has been drawn to the judgement of Court of Appeal, delivered today, Monday, 10th of February, 2025 wherein the originating summons filed by the PDP to challenge the validity of the election held on 15th of October 2022 was dismissed on the ground that the notice of the election had not been published by OSSIEC before the suit was filed,” Mr Alimi wrote.

“The simple implication of today’s judgement is that the PDP never filed any case to challenge the validity of that election.”

The government said it is relying on another Court of Appeal ruling in a separate suit filed by another party challenging the election of the council chiefs.

“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,” the state government said.

Mr Adeleke was elected on the platform of the Peoples Democratic Party (PDP) in 2022. He defeated then incumbent governor Gboyega Oyetola of the All Progressives Congress (APC) whose administration conducted the disputed council elections.

In its Monday statement, the Osun government warned against violence and asked the incumbent council administrators to remain in their positions.

“Therefore, anybody who makes an attempt to gain entry into any of the council secretariats should be reported to the security agencies,” it said.

Read the full statement below.

Osun Government Says Court of Appeal did not Reinstate Sacked Council Bosses, Directs Security Operatives to Arrest Trouble Makers

OSOGBO – 10/02/2025 – Osunstate.gov.ng

The attention of the Osun State Government has been drawn to the judgement of Court of Appeal, delivered today, Monday, 10th of February, 2025 wherein the originating summons filed by the PDP to challenge the validity of the election held on 15th of October 2022 was dismissed on the ground that the notice of the election had not been published by OSSIEC before the suit was filed.

The simple implication of today’s judgement is that the PDP never filed any case to challenge the validity of that election.

However, there’s another suit filed by the Action Peoples Party (APP) against INEC, OSSIEC, APM Babarinde Nurudeen Idowu, APGA, APC and Prince Gboyega Famodun which challenged the validity of the local government election held on the 15th of October,2022.

In its judgement in the Suit No FHC/OS/CS/103/22, the Federal High Court nullified the local govt election conducted by OSSIEC on 15th of Oct.2022 and made the following clear and positive consequential orders:

1. The election into the LG councils across Osun State held on 15th October, 2022 pursuant to notice of election issued on the 15/8/2022 is hereby declared unconstitutional, invalid, null and void for violation of the constitution and breach of sections 28,29,32,98 and 150 of Electoral Act 2022.

2. 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;

3. 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.

E Signed
Kolapo Alimi,
Hon.Commissioner