Following the judgment of the Court of Appeal, Akure Division, delivered on February 10, 2025, there appears to be a deliberate attempt by desperate political elements in Osun State to instigate a constitutional crisis and disrupt law and order.
Having carefully examined the legal framework and judgments surrounding this matter, it is imperative to set the record straight on the true position of the law.
The core of the dispute began in 2022 when the Peoples Democratic Party (PDP) challenged the conduct of the proposed Local Government Council elections in Osun State, citing non-compliance with the Electoral Act 2022.
In a judgment delivered on November 25, 2022, the Federal High Court in Osogbo granted all the reliefs sought by the PDP, nullifying the elections conducted by the Osun State Independent Electoral Commission (OSIEC) on October 15, 2022, and ordering all elected officials to vacate office.
Dissatisfied with the ruling, the All Progressives Congress (APC) and other affected parties filed an appeal, arguing that the Federal High Court lacked jurisdiction.
On February 10, 2025, the Court of Appeal in Akure overturned the Federal High Court’s decision, striking out the suit for “incompetence” due to an invalid originating process filed by the PDP.
Following this judgment, former Osun State Governor and APC chieftain Adegboyega Oyetola urged security agencies to facilitate the immediate reinstatement of the sacked local government officials. However, this call has heightened political tension, especially with another local government election scheduled for February 22, 2025.
Court of Appeal Ruling Does Not Reinstate Sacked Officials
Despite the ruling, the Court of Appeal did not issue a consequential order reinstating the ousted officials. It merely ruled on jurisdiction, without addressing the validity of the elections. Furthermore, a separate lawsuit filed by the Action Peoples Party (APP) also led to the nullification of the October 15, 2022 elections. In this case, the Federal High Court in Osogbo ruled on November 30, 2022, sacking all local government officials elected in the disputed polls.
Although the APC appealed this APP judgment, they failed to prosecute their case. On January 13, 2025, the Court of Appeal dismissed the APC’s appeal for lack of diligence, effectively upholding the nullification of the election. Since this judgment remains valid and unchallenged, there is no legal basis for the reinstatement of the sacked local government executives.
The Path Forward for APC
The legal reality remains clear: the Court of Appeal’s judgment in the PDP case does not grant any right to the ousted officials to return to office. Instead of inciting unrest, the APC and its affected members have two lawful options:
Revive and diligently prosecute their dismissed appeal against the Federal High Court’s judgment in the APP case.
Prepare to contest in the upcoming Local Government Council election on February 22, 2025.
Osun State must not be plunged into chaos due to political desperation. Security agencies must uphold the rule of law and resist political pressure to enforce an unlawful takeover. The sanctity of the judiciary must be respected, and all parties must ensure compliance with valid and subsisting court judgments.
Festus Ogun is a constitutional lawyer and managing partner at FOLEGAL, Lagos.
Email: festusogunla
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