In the judiciary, a court’s ruling is considered a statement of fact. However, when political interests influence its interpretation, distinguishing truth from falsehood becomes challenging. This is the situation currently playing out in Osun State.
Recently, the Court of Appeal sitting in Akure delivered a judgment in a suit filed by the All Progressives Congress (APC) challenging a lower court’s decision that nullified the Osun State Local Government elections held on October 15, 2022. Reports indicate that the appellate court ordered the reinstatement of the sacked Local Government chairmen and councillors.
Before the election, the Peoples Democratic Party (PDP) had approached the court seeking to halt the process. Despite the pending litigation, the election proceeded, and former Governor Adegboyega Oyetola swore in the elected chairmen. However, shortly after assuming office, Governor Ademola Adeleke dismissed these officials.
Subsequently, Justice Nathaniel Ayo-Emmanuel of the Federal High Court in Osogbo nullified the elections, ruling that they violated Sections 29 and 32 of the Electoral Act, 2022.
Dissatisfied with this ruling, the APC filed an appeal, requesting several reliefs, including:
- An order allowing the appeal.
- An order setting aside the Federal High Court’s ruling delivered on November 25, 2022.
- An order restoring the sacked officials to their positions, arguing that they were duly elected.
Reports suggest that all the reliefs sought by the APC, including the request for reinstatement, were granted by the Court of Appeal.
Conflicting Interpretations
The judgment has sparked widespread debate, with stakeholders offering differing interpretations.
The Chairman of the Osun State Independent Electoral Commission (OSSIEC), Hashim Abioye, argued that the Court of Appeal merely struck out the PDP’s suit, ruling that it was filed prematurely—before OSSIEC issued the election notice. He maintained that the appellate court’s decision did not invalidate the earlier nullification of the election.
Similarly, the Osun State Attorney General and Commissioner for Justice, Oluwole Jimi-Bada, asserted that the court did not reinstate the dismissed officials. According to him, the case filed by the Action Peoples Party (APP) remains unresolved, and until the Supreme Court decides otherwise, the sacked chairmen remain out of office.
“The Court of Appeal in Akure did not examine the merits of the APC’s appeal. It simply ruled that the PDP’s suit lacked a cause of action when it was filed. The court did not order the reinstatement of any local government chairmen,” Jimi-Bada stated.
In contrast, APC National Secretary, Dr. Ajibola Basiru, described the Attorney General’s position as an affront to the rule of law. He insisted that a court judgment remains valid until overturned by a higher court.
“This deliberate misrepresentation undermines the rule of law and exposes the Osun State Government’s complicity in illegality,” Basiru said.
The APC’s Legal Adviser in Osun, Chief Adegoke Ogunsola, echoed this sentiment, emphasizing that the Court of Appeal effectively nullified the Federal High Court’s decision and reinstated the chairmen. He warned that any attempt by OSSIEC to conduct new elections in February 2025 would contradict the judgment.
Tensions Escalate
In response to the ruling, Governor Adeleke ordered security agencies to take over local government secretariats to prevent the sacked chairmen from resuming office. He also urged residents to prepare for the upcoming local government elections scheduled for February 22, 2025.
Meanwhile, Honourable Kola Salami, Executive Chairman of Ede South Local Government and a
