The Attorney General of the Federation, AGF, and Minister of Justice, Prince Lateef Fagbemi, has clarified that the Court of Appeal judgment of 10 February 2025 effectively restored the tenure of sacked local government chairmen and councillors in Osun State.
However, he stated that the tenure of the chairmen and councillors elected during the administration of former Governor Adegboyega Oyetola of the All Progressives Congress, APC, would expire in October this year.
In a statement issued on behalf of the federal government on Thursday evening, Fagbemi, a Senior Advocate of Nigeria, SAN, advised the Osun State government to shelve any plans to conduct local government elections for now, in the interest of peace and in line with the rule of law.
In the statement, which he personally signed, Fagbemi urged Osun State Governor, Senator Ademola Adeleke, to abide by the ruling of the Court of Appeal.
Part of the statement reads: “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 10 February 2025 in Appeal No. CA/AK/272/2022, which nullified and set aside the judgment of the Federal High Court, Osogbo, Osun State, delivered on 25 November 2022.
“It has become necessary to issue this public notice to dispel doubts, fears, and uncertainties created by misrepresentations and disinformation concerning the legal effect of the judgment of the Court of Appeal.
“To put matters in proper context, during the tenure of former Osun State Governor Adegboyega Oyetola, elections were conducted in all local governments of Osun State, and the winners were sworn in.
“However, a few days before the swearing-in of Governor Adeleke, the Federal High Court in Osogbo delivered a judgment nullifying the election of the local government officials and removing them from office.
“As soon as Governor Adeleke assumed office, a few days after the judgment, he issued an executive order for the physical removal of the elected officials and replaced them with caretaker appointees.
“Meanwhile, the APC, a party in the Federal High Court case, appealed against the judgment. The Court of Appeal, on 10 February 2025, delivered its judgment in favour of the APC.
“The Court of Appeal not only allowed the appeal but also held that the suit that resulted in the judgment of the Federal High Court was incompetent and consequently struck it out.
“Accordingly, the judgment of the Court of Appeal had, by implication, effectively restored the elected local government officials removed by the Federal High Court to their offices.
“According to the facts made available to my office, the attempt by the said elected officials to resume their positions was resisted by some disgruntled elements, which led to the crisis.
“His Excellency, Governor Ademola Nurudeen Jackson Adeleke, is no doubt aware of this scenario and, as a leader, ought to have called the disgruntled elements to order in accordance with his oath of office to maintain law and order in Osun State.
“Notwithstanding the judgment of the Court of Appeal, which in effect means that the term of office of the elected officials has regained validity and will naturally run until October 2025, His Excellency has insisted that a new local government election shall be held on Saturday, 22 February 2025.
“Any such election would not only be invalid, since the term of office of the elected officials just restored by the judgment of the Court of Appeal is still running until October 2025, but would also amount to an egregious breach of the Constitution, which Governor Adeleke has sworn to uphold.
“Furthermore, the recent judgment of the Supreme Court, which has validated and entrenched local government autonomy, reinforces the obligation on Governor Adeleke to ensure a smooth, non-violent transition from one set of elected officials to another, in accordance with the statutorily prescribed three-year tenure.
“For the avoidance of doubt, when proceedings and decisions of a 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 10 February 2025, which is superior to any High Court decision, defines the legal position in this case and represents the only legally enforceable judgment. It has the legal effect of reinstating the initially sacked democratically elected local government officials of Osun State.
“The constitutional order that existed before their dissolution must be restored immediately, as the judgment upon which the governor acted to dissolve the democratically elected government has been declared a nullity due to the lack of jurisdiction of the Federal High Court to have heard the case and made those orders.
“I appeal to His Excellency, Governor Adeleke, to uphold the rule 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 advise the Osun State Independent Electoral Commission (OSIEC) to halt any plans to proceed with a local government election at this time.
“My office remains available for any dialogue His Excellency may require on this matter in the interest of the peace of Osun State and Nigeria in general.”
