The Attorney General of the Federation (AGF), Lateef Fagbemi on Thursday advised Osun governor, Ademola Adeleke, to shelve plans to conduct local government election in the state next Saturday.
Fagbemi, in a statement he personally signed clarified that the local government chairpersons elected on the platform of the opposition All Progressives Congress, APC in the state are supposed to be in office till October, 2025, going by the judgment of Court of Appeal, Akure division, of February 10, 2025.
The Attorney General said the appeal court judgment which nullified the judgement of the Federal High Court, Osogbo, delivered on November 25, 2022 implied APC local council chairmen formerly sacked by the lower court have been restored.
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.
“According to the facts made available to my office, it was the attempt by the said elected officials to resume back in their positions that was resisted by some disgruntled elements which led to the crisis.
“His Excellency, the Governor of Osun State, Ademola Nurudeen Jackson Adeleke is no doubt aware of this scenario and ought, as a leader 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 referenced above, which in effect means that the term of office of the elected officials has regained currency and will naturally run out in October, 2025, His Excellency has insisted that a new Local Government election shall be held on Saturday, 22nd February, 2025.
“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.”
However. Gov. Ademola Adeleke had in a broadcast on Thursday insisted that the local government election will go on.
The Governor said the Court of Appeal, Akure, did not order the reinstatement of APC) chairmen and councillors elected in 2022.
“As a government, we have read through the said judgment. We have submitted it to the best of legal minds for interpretation.
“There is nowhere a reinstatement order was issued.
“No matter the manner of misinterpretation, that judgment contained no consequential order nor any reinstatement directive.
“We have confidence in the democratic credentials of President Bola Tinubu, who we know will always insist on the rule of law,” the governor said.
Adeleke urged residents of the state to continue to sustain the peace that had returned to the state.
“We need peaceful coexistence to expand our good governance delivery of the past two years. Osun state remains truly peaceful.
“Finally, I urge all registered voters to vote in the local government election and conduct themselves peacefully at all times,” he said.
