Attorney-General of the Federation (AGF) and Justice Minister Lateef Fagbemi has urged Osun Governor Ademola Adeleke to order the state electoral commission to postpone the upcoming LGA elections on February 22.
Fagbemi noted in a statement on Thursday that the elected LGA chairpersons needed to be reinstated because the court of appeals had overturned the lower court’s decision to fire them.
Following clashes between All Progressives Congress (APC) and Peoples Democratic Party (PDP) supporters, The Intercept reported violence broke out at many LGA secretariats in Osun on Monday.
At least six people were shot dead during the clash while several locals scrambled for safety.
The crisis in the state started owing to the judgment of the court appeal on sacked council chairpersons and councillors, who are members of the APC.
The PDP claimed that the February 10 judgment of the court of appeal in Akure, Ondo state, did not reinstate the sacked chairpersons and councillors elected in 2022, while the APC insisted that they were reinstated.
In November 2022, the Osun governor directed the heads of local government areas and area council development areas in the state to take charge of their councils.
The governor had said the decision complied with the federal high court judgment that ruled the LGA election that brought the chairpersons and councillors into office was illegal.
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‘APPEAL COURT REINSTATED SACKED OFFICIALS’
The AGF said the judgment of the appeal court reinstated the chairpersons and councillors, who were sacked in 2022 following the verdict of the federal high court.
Fagbemi said it was the resumption of the sacked chairpersons that triggered the violence that broke out at LGA secretariats in the state.
“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 judgment of the Court of Appeal will still be running until October 2025,” the statement reads.
“It will also amount to an egregious breach of the constitution, which Governor Adeleke has sworn to uphold.
“Again, the recent judgment of the Supreme Court, which has validated and entrenched Local Government autonomy also strengthens the obligation on Governor Adeleke to ensure a smooth, non-violent transition from one elected official to another following the statutorily prescribed three-year tenure.
“For the avoidance of doubt, when proceedings and decisions of the court are declared a nullity for lack of jurisdiction, it means they do not exist and have no effect whatsoever.
“It is my opinion that the Court of Appeal Judgment of 10th February 2025, which is superior to any High Court decision, defines the legal position in this case and represents the only legally enforceable judgment and has the legal effect of returning the initially sacked Local Government democratically elected officials of Osun State.
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“The constitutional order which existed before the dissolution must be restored immediately since the judgment upon which the Governor acted to dissolve the democratically elected government has been declared a nullity for lack of jurisdiction of the Court to have heard the case and made those orders.
“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 advice Osun State Independent Electoral Commission (OSIEC) to shelve the idea of proceeding with any local government election now.”
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