Afam Osigwe
The President of the Nigerian Bar Association (NBA), Afam Osigwe, SAN, has criticized the Federal High Court for presiding over local government election disputes in Osun State, insisting that such matters fall outside its jurisdiction.
Speaking with NEWS BULLETIN, Osigwe attributed the ongoing legal crisis in Osun to the Federal High Court’s decision to entertain cases related to local government elections, which, he argued, should have been handled by the State High Court.
The dispute began in 2022 when the Peoples Democratic Party (PDP) filed a suit at the Federal High Court in Osogbo against the Osun State Independent Electoral Commission (OSIEC), the All Progressives Congress (APC), and others. The PDP challenged the conduct of local government elections, citing non-compliance with the Electoral Act, 2022.
On November 25, 2022, the court ruled in favor of the PDP, nullifying the October 15, 2022, local government elections and ordering the elected council chairmen to vacate office. Dissatisfied, the APC and other parties appealed to the Court of Appeal in Akure, Ondo State.
The appellate court later overturned the Federal High Court’s decision, ruling that the PDP’s originating process was invalid, thereby stripping the lower court of jurisdiction over the case.
Despite this, OSIEC proceeded with another local government election on February 22, 2025, against the advice of the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN.
NBA President Questions Federal Court’s Role
Reacting to the developments, Osigwe condemned the Federal High Court’s involvement in the case.
“What business does the Federal High Court have in making decisions about local government elections in Osun? This is the root of the crisis,” he said.
He questioned whether the court had the power to determine the validity of laws governing local elections and criticized legal practitioners for filing such cases at the Federal High Court instead of the State High Court, which he argued had proper jurisdiction.
“Why are senior lawyers and others bringing these cases before the Federal High Court? And why does the court entertain them when it lacks the authority to do so?” Osigwe asked.
His remarks highlight ongoing concerns over judicial overreach and the misplacement of legal disputes, which have fueled prolonged legal battles and political uncertainty in Osun State.
