₦airaland Forum

engineerboat:
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

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

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 NJC should also do more in cleaning the Judiciary. The harm the corrupt judges are causing is horrendous. How can judges be giving conflicting judgement in the same judicial system?

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

Bobloco:
Fagbemi is a mad man

What has the FG done in the case of Edo State and its "confusing me' governor?

Why do you think Fagbemi is a mad man?

Has the FG and even Fagbemi not numerous times called the Edo State governor and government to order but the elements in Edo State are doing as they like , just like the governor is doing same and only choosing and holding on to the Court judgment that favours him and his own interpretation!!!!!

When the masses are taking sides and turns in believing whatever they like and the SANs are doing likewise and playing with smoke and fire.

Is it when the FG arrests a governor who is going against the judgement that we will adhere to what is right or people are looking for a way that a State of emergency will be declared on their states, then we will hear the NA saying all manner of rubbish and nonsense when it gets to that stage.

I only await the CJN to give an order of enforcement to all judgments and anyone irrespective of status and political placement found wanting should be put in a holding cell.

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

As if the FG obeys court orders..

alizma:
Federal government(Nigeria) has right to act in the interest of her citizens anywhere within and even outside the country. Osun government can contest the decision of the court where possible but conducting election is like running parallel government at the local level which of course will result in crisis.

Did you proof read what you wrote?,

Contest which decision in the court?

when did the AG, an appointee of the president become a court?

Please go and read the Constitution of Nigeria, states have the state electoral commission mandated by law to conduct local government elections, the federal government have no business there.

The AG is acting illegally to protect APC interest

Thewrath:
Nigeria’s version of democracy is a scam!

All thanks to the politicized judiciary.

engineerboat:
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

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

bixton:
Why do you think Fagbemi is a mad man?

Has the FG and even Fagbemi not numerous times called the Edo State governor and government to order but the elements in Edo State are doing as they like , just like the governor is doing same and only choosing and holding on to the Court judgment that favours him and his own interpretation!!!!!

When the masses are taking sides and turns in believing whatever they like and the SANs are doing likewise and playing with smoke and fire.

Is it when the FG arrests a governor who is going against the judgement that we will adhere to what is right or people are looking for a way that a State of emergency will be declared on their states, then we will hear the NA saying all manner of rubbish and nonsense when it gets to that stage.

I only await the CJN to give an order of enforcement to all judgments and anyone irrespective of status and political placement found wanting should be put in a holding cell.

I am equally waiting

Bobloco:
Why hasn't the Tinubu-led APC FG used the same energy to instruct Okpebholo, the 'it's confusing me' governor of Edo State, to reinstate the LG chairmen he illegally sacked?

Edo state did not sack legally elected council officials. The legislative arms of those councils impeached their local government chairmen in accordance with the provision of the constitution.

engineerboat:
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

keep on dwelling in your ignorance

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).

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.

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

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

They dunn handicap the dancing governor.

Saao:
proactive in osun but quite in edo?

Edo case is still in court. Wait till court decide before you assume. Don't be emotional. Am from Edo State and the governor action was bad. I honestly pray the chairmen won.

JimohMomoh:
That was how the Former Attorney-General of the Federation tried to stop Amotekun but it didn't work.

Oyetola organised a Charade election just before leaving office. Their 3 years tenure has expired. Adeleke should go ahead with the election.

Charade or no charade, most governors conduct charade election in the LGA to put their puppet. Adeleke removal has been challenged and won, so they will minus the months or days they spent from the mandatory three years and continue. Adeleke conducting election tomorrow is null and void cos according to the law, there is no vacancy.

press9jatv:
Great advice from fg

.. what about edo state.. that the Edo governor sacked the PDP local government chairmen illegally..
Federal government and attorney general kept quiet about that one

engineerboat:
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.

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.

[quote author=kunle4toyeyaho post=134231538]What's bad? Asking a Governor to obey a court order? The Governor also should find legal means to upturn the court verdict rather than resorting to self-help. The FG has done well in this regard [/quote Court verdict in favour of Fg. Judicial system that is rotten, and can easily be manipulated, The governor knows what Fg is up to.

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.

Biased and partial in judgement... Dele Farotimi might eventually become a legend to reckon with as touching putting Nigeria's judiciary in the right perspective...

Alliswell248:
Some of you just think without reasoning.
So, you want a governor to sack elected LG chairman, whose tenure is yet to expire? They like the governor have four years in office.

The Agf did the same for Edo state. No hypocrisy or double standard here.

Thank you.That's the problem with our people , once they like and support you especially on political matter even if you're committing crime they will continue to cheers you on.

Justnation:
Illegal order, the fg has no right to issue such orders we are in democracy
We are not in a military government.

What stupid democracy where govs are behaving like emperors? AGF is talking about upholding the law which seems that govs have no regards for anymore. Fubara is there in Rivers state, acting like laws are not meant for him to obey

JimohMomoh:
That was how the Former Attorney-General of the Federation tried to stop Amotekun but it didn't work.

Oyetola organised a Charade election just before leaving office.

Did he conduct the election after his tenure expired? You don't have point.
And the one Adeleke wants to conduct now, you think it will be different? Lol

Their 3 years tenure has expired. Adeleke should go ahead with the election.

Your Mathematics is poor. At least, you should have read the report, the date of the expiration of their term in office is clear stated

Yampotatocarrot:
Is there any difference between the case in Osun State and that of Edo State?

If there isn't, I think Mr. Fagbemi should start with telling Edo State government to revert

There is. In Edo, councillors impeached chairmen

Esthered:
Does Edo State have a court order reinstating the sacked LG chairmen for those referring to Edo State.

No

HIGHESTPOPORI:
The Gov or Edo state should do so too

There was no court order in Edo

Bobloco:
Why hasn't the Tinubu-led APC FG used the same energy to instruct Okpebholo, the 'it's confusing me' governor of Edo State, to reinstate the LG chairmen he illegally sacked?

Okpebholo did not sack any chairman son