Osogbo, Nigeria – The Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, has warned Osun State Governor Ademola Adeleke against holding a local government (LG) election in the state.
The warning comes in the wake of a leadership crisis triggered by LG elections scheduled for Saturday, February 22, 2025, and follows a recent Court of Appeal judgment that restored the previously ousted local government leaders.
In a statement released on Thursday, Fagbemi asserted that an LG election cannot take place while the tenure of the former leaders of the third tier of government remains in force. According to Fagbemi, the Court of Appeal’s judgment delivered on February 10, 2025, restored the local government officials removed during the immediate past administration, mandating that they continue in office until the expiration of their tenure.
The AGF’s statement read in parts:
“My attention has been drawn to the PUBLIC OUTCRY of Osun State Governor, Ademola Adeleke concerning the judgment of the Court of Appeal, Akure division delivered on 10th day of February, 2025 in Appeal No CA/AK/272/2022 which nullified and set aside the judgement of the Federal High Court, Osogbo, Osun State, delivered on 25th day of November, 2022.
“It has become necessary to issue this public notice to remove doubts, fears and uncertainties created by misrepresentations and disinformation concerning the legal effect of the judgement of the Court of Appeal.
“Putting matters in proper context, the event that led to the two judgements was that during the currency of the term of the former Governor of Osun State, Adegboyega Oyetola, election was held into all the local governments of Osun State and winners were sworn in.
“However, a few days before the swearing in of Governor Adeleke, the Federal High Court Osogbo delivered the judgement referred to above in which it nullified the election of the Local Government elected officials and removed them from office.
“As soon as Governor Adeleke assumed office a few days after the judgement, he issued executive order for the physical removal of the elected officials and replaced them with caretaker appointees.
“Meanwhile, the APC that was a party in the Federal High Court case referred to above appealed against the judgement.
“The Court of Appeal eventually, on 10th day of February, 2025 delivered its judgement in the appeal filed by APC against the judgement of the Federal High Court.
“The Court of Appeal not only allowed the appeal, it also held affirmatively that the suit that resulted in the judgement of the Federal High Court referred to above was incompetent and consequently made an order striking out the suit.
“Accordingly, the judgement of the Court of Appeal had by implication effectively restored the elected Local Government officials removed by the Federal High Court, back to their offices,” the statement read.
Fagbemi noted that the move by the restored elected officials to resume their positions had been met with resistance from what he described as “disgruntled elements,” further intensifying the crisis. He faulted Governor Adeleke for not curbing these elements and maintaining peace, insisting instead that a new LG election be held on February 22.
According to the AGF,
“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 judgement of the Court of Appeal will still be running until October 2025, it will also amount to an egregious breach of the Constitution which Governor Adeleke has sworn to uphold.
“Again, the recent judgement of the Supreme Court which has validated and entrenched Local Government autonomy also strengthens the obligation on Governor Adeleke to ensure smooth, non-violent transition from one elected officials to another in accordance with the statutorily prescribed 3 year tenure.
“For avoidance of doubt, when proceedings and decisions of 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.
“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,” the AGF stated.
Fagbemi therefore called on Governor Adeleke to advise the Osun State Independent Electoral Commission (OSIEC) not to proceed with any LG election, adding that he is available for any dialogue that might help restore peace to the state.
As the legal and political debate continues, stakeholders await further developments, with many urging strict adherence to the judicial rulings and constitutional provisions to maintain stability in Osun State.
