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.
- 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.
- 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.
- I will appeal to His Excellency, Governor Adeleke to toe the path 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 advice Osun State Independent Electoral Commission (OSIEC) to shelve the idea of proceeding with any Local Government Election now.
- My office will be happy to be available for any dialogue His Excellency may require on this matter in the interest of the peace of Osun State in particular and Nigeria in general.
Lateef O. Fagbemi, SAN
Attorney General of the
Federation and
Minister of Justice
