Renowned constitutional lawyer and Senior Advocate of Nigeria (SAN), Prof. Mike Ozekhome, has strongly rebuffed claims made by fellow silk, Mr. Kunle Adegoke, SAN, regarding the legal status of the sacked All Progressives Congress (APC) Local Government Chairmen in Osun State.
In a rebuttal released to journalists, Ozekhome described Adegoke’s June 26 letter as “misleading” and “legally distorted,” especially in its interpretation of the Court of Appeal’s ruling in Appeal No: CA/AK/270/2022. He emphasized that the appellate court did not order the reinstatement of the sacked APC officials but merely struck out the PDP’s suit on procedural grounds.
“The court made it clear that it did not address the merits of the alleged reinstatement. Any claim to the contrary is plainly false,” Ozekhome asserted.
He further criticized the APC’s interpretation of the ruling, alleging that the party has been misrepresenting the court decision to falsely reclaim local council positions. He warned that such actions undermine the rule of law and the integrity of the judiciary.
According to Ozekhome, the Federal High Court judgment delivered on November 30, 2022 (Suit No: FHC/OS/CS/103/22), remains binding, having unequivocally sacked the APC officials elected in the October 15, 2022, local government elections. He added that subsequent appeals by the APC were dismissed—including one thrown out on January 13, 2025, for lack of diligent prosecution—and noted that an application to relist the appeal was also rejected by the Court of Appeal on June 13, 2025.
Despite this, he said, the APC continues to parade itself as the valid holder of council seats, even after fresh elections were held on February 22, 2025, by the Osun State Independent Electoral Commission (OSSIEC).
Ozekhome also cited an earlier court ruling from a separate suit filed by the Action Peoples Party (APP), which nullified the controversial 2022 elections conducted by the APC-led state government—a judgment he described as valid and enforceable under Section 287(3) of the 1999 Constitution.
He expressed dismay that Adegoke did not share his letter with him directly, despite extensively referencing his legal opinion, calling it a “discourtesy that speaks volumes.”
The legal luminary urged the Attorney-General of the Federation to:
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Uphold the Federal High Court’s judgment and the Court of Appeal’s June 13 ruling.
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Direct security agencies to eject persons illegally occupying council offices across Osun State.
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Recognize and support the PDP chairmen and councillors elected in February 2025.
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Avoid acting on partisan submissions aimed at distorting judicial processes.
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Reaffirm commitment to constitutional order and democratic values.
He challenged Adegoke and the APC to produce any part of the appellate judgment that expressly reinstates the sacked officials.
Prof. Ozekhome concluded by calling on the Attorney-General to act swiftly in protecting the rule of law and preventing further erosion of public trust in Nigeria’s justice system.
