Osun LG: One judgment, many interpretations

From Lateef Dada, Osogbo

In the judiciary, a court’s pronouncement on a suit is regarded as a fact. However, when the interpretation of that pronouncement becomes political, distinguishing the truth from the falsehood becomes problematic. This is the situation currently unfolding in Osun State.

Recently, the Court of Appeal sitting in Akure delivered a judgment in a suit filed by the All Progressives Congress (APC) challenging the decision of a lower court, which nullified the state Local Government elections, held on October 15, 2022. The court reportedly ordered that the sacked Local Government chairmen and their councillors should return to office.

The PDP had approached the court before the election, seeking to prevent it from taking place. While the suit was pending, the election proceeded, and former Governor Adegboyega Oyetola swore in the elected Council Chairmen. However, Governor Ademola Adeleke dismissed these Council officials shortly after his swearing-in.

Justice Nathaniel Ayo-Emmanuel of a Federal High Court in Osogbo subsequently nullified the elections conducted by the Osun State Independent Electoral Commission (OSIEC), stating that the elections violated Sections 29 and 32 of the Electoral Act, 2022.

Dissatisfied with the decision of the court, the APC filed an appeal, praying for the following reliefs: “an Order allowing this appeal, an Order setting aside the ruling delivered by the Lower Court on 15th September, 2022 and dismissing the 1” Respondent’s Motion on Notice to amend dated 29th August, 2022 (but filed on 2nd September, 2022), an Order granting the Appellants’ Motion on Notice to dismiss suit dated 28th October, 2022, an Order setting aside and nullifying the judgment of the lower court delivered on 25th November, 2022, an Order invoking Section 16 of the Court of Appeal Act to determine the suit of the 1st Respondent on the basis of the Originating Summons dated 27th July, 2022, an Order dismissing Suit No: FHC/OS/CS/94/2022, an Order restoring the Appellants back into their offices having been duly elected by the citizens of Osun State, and (any) such further or other Orders as this Honourable Court may make in the circumstances of this appeal.”

Interestingly, all these reliefs, including the specific one, where the APC prayed the court to grant an Order “restoring the Appellants back into their offices having been duly elected by the citizens of Osun State,” were said to have been granted by the Appeal Court.

But the decision has sparked mixed reactions throughout the state, with the Osun State Independent Electoral Commission (OSSIEC) Chairman, Hashim Abioye, interpreting the judgment differently. He stated that the Court of Appeal struck out the PDP’s suit challenging the 2022 Local Government elections. He explained that the reasoning of the appellate court was based on the fact that the suit was filed before the notice of election was issued by OSSIEC.

Abioye noted that the OSSIEC Law 2022 was enacted during the pendency of the PDP’s suit, and the notice of election was subsequently issued. He emphasised that the court’s decision confirmed the nullification of the elections and the removal of the purported elected officials.

In his interpretation, the state Attorney General and Commissioner for Justice, Oluwole Jimi-Bada, insisted that the court did not order the reinstatement of the sacked chairmen. He maintained that the case filed by the APP is still ongoing and that until the Supreme Court overturns the judgment, the sacked council chairmen remain dismissed.

“I want to confirm that the Court of Appeal in Akure did not delve into the merits of the appeal launched by the APC. Their finding was simply that there was no cause of action when the PDP brought the suit against OSSIEC at the Federal High Court. The court did not state that any sacked local government chairmen should return to office,” Bada said.

In response, APC National Secretary, Dr. Ajibola Basiru described the Attorney General’s claims as an affront to the rule of law in Nigeria, arguing that his position exposed the state government as an enabler of illegality.

“This deliberate misrepresentation of the court’s judgment undermines the rule of law and reveals the Osun State Government’s complicity in illegality. It is expected that legal professionals understand that a court judgment is presumed valid until overturned. The only option for a dissatisfied party is to appeal to the Supreme Court,” Basiru stated.

Also, weighing in on the matter, Chief Adegoke Ogunsola, the Legal Adviser of the APC in Osun State, asserted that the Court of Appeal unequivocally nullified the Federal High Court’s decision that removed the elected local government chairmen and councillors from office. He emphasised that their terms remain valid and have not expired.

“In light of this ruling, no local government election can be held by the compromised OSSIEC in February 2025, as it would contradict the Court of Appeal’s decision and the preserved terms of the elected local government officials,” Ogunsola said.

On his part, Governor Adeleke has ordered security operatives to take over the secretariats across the state to prevent the purportedly reinstated chairmen from returning to office. He urged the public to prepare for the local government election scheduled for February 22, despite warnings from the opposition.

Speaking on the development, one of the beneficiaries of the Appeal Court ruling, Honourable Kola Salami, Executive Chairman, Ede South Local Government, described recent press statement by the Speaker of the Osun State House of Assembly, Adewale Egbedun, on the matter, as nothing but “a pathetic display of ignorance, desperation, and blind loyalty to a failing administration.”

He noted that his “baseless accusations against our party (APC) and its leaders, coupled with his blatant disregard for the rule of law, reaffirm the long-held belief that he is nothing but a puppet dancing to the discordant tunes of the Ademola Adeleke-led government.

“The Appeal Court ruling unequivocally reinstated duly elected Local Government chairmen, including us, the elected executives of Ede South Local Government. This judgment is a victory for democracy and the rule of law, affirming that our removal was illegal and that we must resume office immediately. Yet, instead of respecting the judiciary’s decision, Egbedun and his cohorts in the Peoples Democratic Party have resorted to misinformation, intimidation, and outright falsehoods in a desperate attempt to hold on to power.

“Egbedun’s reckless claim that our party, the All Progressives Congress, is inciting violence is not only false but laughable. It is, in fact, the PDP and its agents who have a track record of lawlessness and chaos in Osun State. We, as law-abiding citizens, sought redress in the court of law rather than resorting to violence, and the judiciary has now ruled in our favour. That the Speaker would attempt to twist this clear-cut legal victory into a sinister plot against the state is a shameful act of deception that insults the intelligence of Osun citizens,” he said.

While condemning what he described as Speaker Egbedun’s “unwarranted attack on former Governor and current Minister of Marine and Blue Economy, Alhaji Gboyega Oyetola,” Salami further said that “Oyetola remains a man of unquestionable integrity, a leader who governed Osun with dignity, respect for the rule of law, and an unwavering commitment to the welfare of the people. Unlike the lawless and erratic leadership of the PDP, Oyetola has never engaged in political desperation or underhanded tactics. Instead, he continues to serve diligently at the national level, a far cry from the inept and chaotic governance of the current Osun administration.

“The APC in Osun State deserves commendation for its unwavering commitment to due process and the principles of democracy. While the PDP and its agents sought to impose anarchy by unlawfully dissolving democratically elected local government executives, the APC pursued legal avenues, and justice has now prevailed. This victory is not just for our party but for every Osun citizen who believes in fairness, justice, and the sanctity of the democratic process. We, therefore, call on all well-meaning Osun citizens, security agencies, and relevant authorities to ensure that the PDP’s illegal attempts to circumvent the judicial process are stopped immediately. The law is clear: we have been reinstated, and any further attempt to remove us through illegal elections will not stand,” he declared.

As at the time of filing this report, the confusion about the implications of the Court of Appeal’s ruling is being discussed in every joint and political gathering. And until the Certified True Copy of the judgment is released, various interpretations of the ruling will continue to circulate.