The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), on Thursday, called on the Osun State Governor, Ademola Adeleke, to tell the Osun State Independent Electoral Commission to call off Saturday’s local government election in the state.
The AGF, in a statement he signed in Abuja on Thursday, warned that conducting a new local government council election would not only be invalid but would also amount to a breach of the Constitution since the tenure of the purportedly sacked council chairmen is still running according to last week’s decision of the Court of Appeal, Akure Division.
Osun State has been engulfed in a political crisis between the ruling Peoples Democratic Party and the opposition All Progressives Congress over the 18 local government seats in the state.
The crisis escalated on Monday, leading to the killing of six persons, including an APC chieftain.
The AGF, in his Thursday statement, urged Governor Adeleke to toe the path of law and shun violence.
He said, “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 the 10th day of 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 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 judgment of the Court of Appeal.
“Putting matters in proper context, the event that led to the two judgments was that during the currency of the term of the former Governor of Osun State, Adegboyega Oyetola, the election was held into all the local governments of Osun State and winners were sworn in.”
The AGF recalled that a few days before the swearing-in of Governor Adeleke, the Federal High Court Osogbo delivered a judgment, nullifying the LG election.
Fagbemi noted that 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.
Aggrieved by Governor Adeleke’s order, the APC, as a party in the Federal High Court case, appealed against the judgment before the Court of Appeal.
The Court of Appeal, in a judgment delivered on February 10, resolved the issues against the judgment of the Federal High Court by allowing the appeal.
The AGF noted that by this decision, “the judgment of the Court of Appeal has, by implication, effectively restored the elected local government officials removed by the Federal High Court, back to their offices.”
He added that according to the facts made available to his office, it was the attempt by the said elected officials to resume their positions that was resisted by some disgruntled elements which led to the crisis in the state.
“His Excellency, the Governor of Osun State, Ademola Nurudeen Jackson Adeleke is no doubt aware of this scenario and ought to have, as a leader, called the disgruntled elements to order in accordance with his oath of office to maintain law and order in Osun State,” the AGF said.
Warning against a fresh LG poll scheduled for Saturday, the AGF said, “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, 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 the 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
“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 advise Osun State Independent Electoral Commission to shelve the idea of proceeding with any local government election now.”
