₦airaland Forum

bixton:
In summary you're saying both APP and PDP filed the same case in a FHC and the only difference between both is a change of law of the electoral umpire if I'm not mistaken.

Now, you're referring to the FHC judgment which came last after the PDP judgment to be legal and binding.

So the Appeal of the case which came against PDP was given at what date because it seems that it also comes earlier that the one you are holding unto you.

And I hope you do know that it's an abnormally for two separate FHC to receive same case from multiple persons irrespective and I don't see what the change in the umpires electoral laws have to do with the case which was filed in the Court?

Please try not to give me a brief of any SAN.They are been paid to do what they do.
I don't like to be confused with plenty stuffs.
Thanks.

It is left for APC to vacate the 2 case

They pick the one that seems to favour them, while the one holding them down now is ignored, now they are trying to re-enlist the Appeal.

Nothing confusing here.

It's a two case.

press9jatv:
keep on dwelling in your ignorance

A man cannot run away from his shadow,

Tell APC to go to court to stop the election.

Anyway lest I forget APC Chairmen already approach the court to stop the election, but As it should be they where punished for that baseless Request and where fined for that,

You can tell them to reapply to the court again though.

You will keep running around the APP case because that is like a fish bone on APC NECK

bixton:
Please what is the judgement given the APP and what case did they drag the APC to court for?

Contnd.


B. The Dismissal of APC’s Subsequent Appeal and the Finality of the APP Judgement

Following the Federal High Court’s judgement, the All Progressives Congress (APC), which had benefited from the October 2022 elections, appealed the judgement in the case filed by APP. However, the Court of Appeal dismissed the appeal on the 13th of January, 2025, for want of diligent prosecution.

The legal implication of that dismissal is that the FHC’s judgement in the APP case remains the extant and binding position of the law. Under section 287(3) of the 1999 Constitution, all authorities and persons within Nigeria, including government institutions, political parties, and law enforcement agencies are obligated to enforce and abide by the said judgement, the appeal arising therefrom having been dismissed.

The current legal position on the status of the Osun State LGCs following these decisions of both the FHC, Oshogbo, and the Court of Appeal is that the earlier judgment of the FHC, which nullified the local government elections conducted on October 15, 2022, remains binding and validly subsisting.

bixton:
Please what is the judgement given the APP and what case did they drag the APC to court for?

Let me give you a brief by Chief Mike Ozekhome (SAN)

THE PDP SUIT IN BRIEF

In the case of PDP, it was alleged that OSSIEC was planning to conduct local government election in Osun State in violation of the provisions of the Electoral Act, 2022, specifically sections 28, 29, 30 and 150 thereof. PDP also called on the Federal High Court to apply the decision of the Supreme Court in OSSIEC & ANOR V. ACTION CONGRESS & ORS (2010) LLJR-SC (delivered in 2010), to the effect that any notice of a local government election which is not in compliance with the Electoral Act is null and void. The law in existence as at the time of filing the said suit was the OSSIEC Law,2015 (as amended).


While the suit was pending, the Osun State House of Assembly repealed the existing 2015 amended OSSIEC Law, and enacted the new OSSIEC Law, 2022, which prescribed 360 days’ notice for election, same as contained in the Electoral Act, 2022. OSSIEC then, during the pendency of the action, published a notice of election prescribing only 60 days as against the 360 days specified by the OSSIEC Law and the Electoral Act.

PDP, then, by an order of court, amended its processes to bring in the new development. OSSIEC still went ahead with the conduct of the election and the All Progressives Congress (APC) participated despite the pendency of the suit at the Federal High Court. It was after the election that the APC and some of its candidates brought a joinder application to the suit in a representative capacity, for all its candidates who reportedly participated at the election. The Federal High Court granted their application for joinder and the whole court processes were amended to reflect all the parties and issues. On 25th November, 2022, the Federal High Court delivered a judgment in the suit, nullifying the election and consequentially sacking all the purported elected officials.

SUMMARY OF THE APP SUIT

The APP’s suit was similar to the PDP suit in all respects; the only difference being that the APP’s suit was filed after the enactment of the OSSIEC Law 2022 and after the publication of the 60-day election notice by OSSIEC, as against 360 days provided by the OSSIEC Law and the Electoral Act.

While both parties obtained favourable judgements, thejudgement in the APP suit has become the legally binding decision, as APC’s appeal against it was dismissed by the Court of Appeal on the 13th of January, 2025, for want of diligent prosecution. This dismissal rendered the APP judgement the final and only subsisting authority on the matter.

JUDICIAL INTERVENTION ON THE VALIDITY OF THE ELECTIONS

A. The FHC Judgement in APP v. OSIEC (Suit No. FHC/OS/CS/75/2022)

In this case filed by the Action Peoples Party (APP), the Federal High Court (FHC), delivered a landmark judgement that rendered the October 15, 2022, Osun Statw local government elections null and void. The court held that the elections violated the Electoral Act, 2022, and were also inconsistent with the 1999 NigerianConstitution.

The FHC in the APP case held as follows:

– “The election into local government councils across Osun State held on the 15th of October 2022, pursuant to the notice of election issued on the 15th of August 2022, is hereby declared unconstitutional, invalid, null, and void for violation of the Constitution and breach of Sections 28, 29, 32, 98, and 150 of the Electoral Act, 2022.”

– “All persons or individuals occupying offices in the state local government councils by virtue of the said election are accordingly sacked from holding such offices.”

– “Sections 25 and 26 of the Osun State Independent Electoral Commission Law, 2022, having been enacted in contravention of Paragraph 12 of Part II of the Second Schedule to the Constitution and being inconsistent with Sections 29 and 32 of the Electoral Act, 2022, are hereby struck down.”

I agree with the decision of the FHC because it is trite law that any law that is inconsistent with the Constitution is null and void and must be struck down because the Constitution is the grundnorm of the land (see section 1(3) of the Constitution of the Federal Republic of Nigeria, 1999 [as amended]). The Supreme Court, Per JAURO, JSC, pronounced on the supremacy of the Constitution in NPF & ORS V POLICE SERVICE COMMISSION (2023) LPELR-60782(SC) (P.154, paras. A-F), thus:

“It is equally imperative to restate the elementary principle of the supremacy of the Constitution. The Constitution of the Federal Republic of Nigeria is the grundnorm, the basic law of the land. It stands head and shoulders above any other law or instrument enacted by the National Assembly, State House of Assembly or any

RS FARMERS MULTIPURPOSE COOPERATIVE SOCIETY LTD (2007) ALL FWLR 712; PDP v. EDEDE & ANOR (2022) LPELR-57480(CA); PRESIDENT OF THE FRN & ORS v. ISA & ORS(2015) LPELR-25981(CA); and, AG FEDERATION & ORS v. ABUBAKAR & ORS (2007) LPELR-3(SC).

The legal implication of this judgement cannot be overstated. By declaring the 2022 Osun State LG elections unconstitutional, null and void, the court completely erased any legal foundation for the existence of the local government councils elected through thatflawed process. The said APP judgement was also a judgement in rem, meaning that it applied to the whole world, all parties and stakeholders, and non-parties alike,irrespective of whether or not they participated in the litigation. In DIKE & ORS V. NZEKA II & ORS (1986) LPELR-945 (SC), the Supreme Court underscored this point most lucidly when it held:

“… A judgment is said to be in rem when it is an adjudication pronounced upon the status of some particular thing or subject matter by a Tribunal having the jurisdiction and the competence to pronounce on that Status. Such a judgment is usually and invariably founded on proceedings instituted against or on something or subject-matter whose status or condition is to be determined. It is thus a solemn declaration on the status of some persons or thing. It is therefore binding on all persons in so far as their interests in the status of the property or person are concerned. That is why a judgment in rem is a judgment contra mundum – binding on the whole world – parties as well as non-parties. ….”

See also the cases of OYETOLA & ANOR v. INEC & ORS  (2023) LPELR-60392(SC); and, A.G. ABIA STATE & ORS V. A.G. OF THE FEDERATION(2022) LPELR-57010 (SC).

Minjim:
These people just waste the state's resources without recourse.

You knew the court had reinstated the Chairmen but youe still want to conduct an election into their offices

There should be a law to make politicians pay for every blatant waste of public funds

The question you people have been running away from is that APP judgement has never been appeal, APC unwillingness to continue with APP Appeal is their undoing now, you want to ask yourself why is APC trying to reenter the Dismissed APP judgement appeal.

Where you informed that APC try to stop the Election in court but where fined heavily for that

press9jatv:
you are much confused here. You never read the appeal court judgment. You are a lazy reader here

Lazy what you say,

The Appeal deals with pdp case of going to court before cause of Action,

APP case is still hanging on APC neck I know you will keep running away from that case, because it's.a bone on your neck

muykem:
That's PDP interpretation and not law. High Court judgement nullify their election in both PDP and APP has become inferior to appeal court reinstate them. You can not refer to any high court judgment again, if the ground for nullification in the APP is differ, PDP can only consolidate them and appeal to supreme Court.
.

You're very funny.

Are you aware that APC has reapplied to re-enter their already Dismissed Appeal, You're not aware right, they don't want you to know

press9jatv:
yes. Appeal court judgment reinstated them

So why is APC going back door to re-enter their dismissed appeal against APP High court judgement.

You people are running away from APP judgement because that is what turns the appeal into academic exercise

zoedew:
It is not needed. Security forces will rein him in! He who is hard of hearing will per force heed sign language!!!

Police cannot do anything, the worst that will happen.is that they will withdraw their duty, Amotekun will take over.

Since APC has also withdraw, it will be peaceful self

spencekat:
They will shop for a court order to restraint the governor from conducting the election.

They've done so even before the appeal, but it turn against them and where fined for that hence this their charade

Guestmale:
But in the same democracy a governor can sacked a democratically elected local government chairmen and councilors.

Two court judgement sacked them not the governor

seunmsg:
The governor of Osun State should simply obey the judgement of the court of appeal.

Lol

Yet APC is attempting through the Back door to reopen APP dismissed appeal.

tell fagbemi its only the Court that can stop the election

madridguy:
Thank God we now have a very proactive AGF. No time for illegalities again.

Tell Lateef {Oyetola counsel and a party to APP case to approach the court} He's not the court.

The governor cannot stop osiec from performing its constitutional duty its only the court

fergie001:
They are trying to re-enter the appeal but they know they will fail.

Surely

Just look at how Fagbemi {Oyetola Lead counsel in 2022} and also for the APC turned himself to court, and ignore pending APP judgement

press9jatv:
election will never hold. Na kangaroo election that will never stand.
BREAKING: FG Asks Adeleke To Halt Osun LG Election, Says Court Has Reinstated APC Chairmen

The Federal Government has asked Governor Ademola Adeleke of Osun State to suspend the Local Government elections scheduled for Saturday.

Lateef Fagbemi, Attorney-General of the Federation (AGF), stated this while commenting on the ongoing crisis in the state.

In a statement issued late Thursday, Fagbemi said the position of the law was clear on the development creating friction between the All Progressives Congress (APC) and the Peoples Democratic Party (PDP).

Daily Trust had reported how some persons, including a former council chairman, were killed while many sustained injuries in the clash that ensued over the attempt to take control of Local Government secretariats.

The Osun state government had blamed the crisis on the APC and former governor Gboyega Oyetola, now Minister of Marine and Blue Economy.

Adeleke had vowed that nothing would stop Saturday’s election from holding, urging the people to turn out en masse.

But in his statement on Thursday, Fagbemi said the order which the governor relied on to sack the local govrnment chairmen elected under the administration had been nullified by the court.

“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.

“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.

https://dailytrust.com/breaking-fg-asks-adeleke-to-halt-osun-lg-election-says-court-has-reinstated-apc-chairmen/

You and I know that its only the Court of Jurisdiction that can stop this election.

You also know that The Chairmens has done this, You know the result already they where fined for that as the judgement was against, hence this their rascality.

Tell Fagbemi who incidentally Oyetola Lead counsel 2022 to approach the court

seunmsg:
You promised to post the full CTC of the judgement, we are still waiting.

By the way, if the APC council chairmen eventually regains their seats, the Saturday election will be a nullity based on the precedent from Peter Obi’s Supreme Court victory in 2007. The Chairmen must complete their tenure of office before they can be kicked out.

There is no judgement that say they should resume.

Why is APC trying to reenter APP Judgment Appeal since this one fa our them as they claim,

fergie001:
They know what they are doing

They went to Court to stop the LG elections, including the late Aderemi Abass, the Court fined all of them the sum of N200000 and also their lawyer N1m for unprofessional conduct. (See image)

Now, they want to use FORCE

Hoooo

I'm not even aware about this before

press9jatv:
election will hold in your father’s compound Abi. 😂

At the end Of the Day

The AGF said It is illegal for Anyone to Conduct Local Government election in Osun this Saturday 🤣

That's not what he said

press9jatv:
they will hold it in your compound. Funny brother

Election will hold, are You going to tell the people not to go and vote.

J.essence what really happened, just for the asking, what changed?

Akpakomiza2:
Let them allow supreme court to settle it

APC should go to Supreme Court

APC still have APP case hanging on their neck and it's a fishbone on their neck hence their effort to re-enter the APP Appeal

fergie001:
Na to invade LG?
They want violence, they want State of Emergency.

Come out on Saturday ooo or they will announce their already written results, na who dem pay be LG Chairman ooooo, ask Fubara.

You know there is no judgement reinstating them, you also know there is another Appeal Court judgement also sacking them but you dey vex for Ademola

I'm surprised why they are trying not to go into discussion about APP judgement maybe because they are trying to re-enter the Appeal

press9jatv:
😂 funny brother. No form of kangaroo lg on Saturday. You will hear much news today and tomorrow from Adeleke government. As it stands today, Apc lg chairmen and councilors have taken over the 30 lg secretariats in Osun State.

Taken over where,

This are just initial gragra ara won maa to bale

Belleful:
Is there truly no court judgement as claim by the PDP? Where then did the APC chairmen get the court of appeal judgement they re acting upon?

2 High court judgement against the Chairman

APC Appeal both, but shows unseriousness to the 2 however OSIEC approach Appeal for the case to be dismissed since APC is not showing any interest again.

Appeal court du that on January.

Lg election on Saturday suddenly APC remember Appeal in court

muykem:
Adeleke and PDP should allow peace in Osun state. Appeal court has reinstated the sacked LG chairmen. You can't conduct election into office that's not vacant. Any illegal action will lead to state of emergency.

While APC is trying to reenter for the dismissed APP Appeal because APC show no interest to pursue it before, now its hunting thrm

ejimatic:
With the autonomy of the LGs, the APC returned officers will operate independently of the State .Their money will be paid into the councils accounts Crisis will continue in Osun with this development
State PDP
LGS APC

They only resume on newspaper

They know that the APP case hold them down, hence APC is approaching the Appeal court Again to re-enter the Appeal they show no interest to pursue.

press9jatv:
Motigbo. Fergie001, you are not from Osun State, you won’t understand

What happened

What has changed

fergie001:
Go and prepare for LG Elections on Saturday.

Asides APC who voluntarily withdrew, others are participating. Go and vote credible leaders at the grassroots level.

What happened to Johnnyessence

Johnnyessence should please tell APC to prepare for election

seunmsg:
The Court of Appeal judgement clearly reinstated the sacked Local Government Chairmen. It’s unfortunate that PDP is being absolutely irresponsible by trying to frustrate the enforcement of a valid judgement of the court.

PDP’s rascality notwithstanding, I will appeal to APC and the law enforcement agencies to allow the status quo remain until the matter is decided by the Supreme Court.

https://www.osunstate.gov.ng/2025/02/appeal-court-judgment-ctc-released/


it is APC that is playing to the gallery.

Why did they abandon APP High court judgement at the Appeal court.

They see no need to continue with it till the same appeal court dismiss it for their unwillingness to go on with the same.

Have you read through the CTC of the said appeal, at all if not go and read it.

There was no consequential order by the appeal court because that would have nullify their earlier judgement that dismiss the APC appeal against same Judgement but this time in favour of APP

Akpakomiza2:
You are right. I saw somewhere that Kabaka has been appointed tax enforcer. It is disappointing if true

It's True and I don't expect such from the Governor

Akpakomiza2:
This is what actually transpired at the tribunal yesterday and not the falsehood and propaganda being pandered or pushed by PDP

The second line is not necessary though.

APC has close their case

Akpakomiza2:
Na normal thing sir, every big man get praise singers. Stop the unnecessary hate propaganda

I never and would never,

I'll just advise the Governor to becareful of all this self appointed People it's becoming another thing

Akpakomiza2:
Did he appoint any commissioner with a designation called hype? Me and you know all office holders have hype guys so why all these exaggeration

Actually that's the nickname of the Guy.

He appoint himself as Commissioner for Hype and has been doing that for the governor without any rebuttal from the Governor.

You can check all His social media post