Lateef Fagbemi, the attorney-general of the federation (AGF) and minister of justice, has appealed to Ademola Adeleke, governor of Osun, to direct the state electoral commission to put the forthcoming February 22 LGA elections on hold.
In a statement on Thursday, Fagbemi said the elected LGA
chairpersons must be reinstated since the court of appeal had dismissed the
judgment of the lower court that sacked them.
BACKGROUND
On Monday, violence broke out at some LGA secretariats in
Osun after supporters of the All Progressives Congress (APC) and those of the
Peoples Democratic Party (PDP) clashed.
Bullets were fired during the clash as many residents
scampered for safety, and at least six persons were shot dead.
The crisis in the state started owing to the judgment of the
court appeal on sacked council chairpersons and councillors, who are members of
the APC.
The PDP claimed that the February 10 judgment of the court
of appeal in Akure, Ondo state, did not reinstate the sacked chairpersons and
councillors elected in 2022, while the APC insisted that they were reinstated.
In November 2022, the Osun governor directed the heads of
local government areas and area council development areas in the state to take
charge of their councils.
The governor had said the decision was in compliance with
the federal high court judgment that ruled the LGA election that brought the
chairpersons and councillors into office was illegal.
‘APPEAL COURT
REINSTATED SACKED OFFICIALS’
The AGF said the judgment of the appeal court reinstated the
chairpersons and councillors, who were sacked in 2022 following the verdict of
the federal high court.
Fagbemi said it was the resumption of the sacked
chairpersons that triggered the violence that broke out at LGA secretariats in
the state.
“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 judgment
of the Court of Appeal will still be running until October 2025,” the statement
reads.
“It will also amount to an egregious breach of the
constitution, which Governor Adeleke has sworn to uphold.
“Again, the recent judgment of the Supreme Court, which has
validated and entrenched Local Government autonomy also strengthens the
obligation on Governor Adeleke to ensure a smooth, non-violent transition from
one elected official to another in accordance with the statutorily prescribed three-year
tenure.
“For the avoidance of doubt, when proceedings and decisions
of the 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.”
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