₦airaland Forum

Renowned constitutional lawyer and human rights activist, Professor Mike Ozekhome (SAN), has recommended that fresh elections be conducted to resolve the local government council dispute in Osun State.

In a statement released on Thursday in Abuja, Ozekhome noted that holding new elections is the only solution to save the state from “needless orchestrated violence.”

According to his interpretation of the Court of Appeal judgment, the appellate court did not reinstate the sacked local government officials but only struck out the case brought by the Peoples Democratic Party (PDP).

He said, “I watched with dismay and disgust as certain LG officials forcefully barged into the LG headquarters, attempting to reclaim office under the false and erroneous belief that the judgment of the Court of Appeal in the PDP case had reinstated them. Such an act was nothing short of brigandage and a crude resort to self-help. It must be condemned in the strongest terms, and I so condemn it. It was selfish and uncalled for.

“In the same vein, all those who aided and abetted this democratic aberration must be identified and prosecuted, no matter how highly placed they are.”

Ozekhome clarified that the Court of Appeal never validated the election conducted by the Osun State Independent Electoral Commission (OSIEC) in 2022. The appellate court merely struck out the PDP’s case without addressing the validity of the elections or commenting on the sacked officials’ positions.

“Contrary to the position of the sacked LG officials who sought to reclaim their offices forcibly, the Court of Appeal never reinstated them. Any claim to that effect is a deliberate distortion of facts and a resort to sophistry,” Ozekhome stated.

He further explained that the only consequential order made by the Court of Appeal was a directive for the PDP to pay the appellants costs of ₦250,000. There was no order reinstating the ousted chairmen.

Ozekhome urged all political parties in Osun State to prepare for fresh polls, allowing them to test their popularity in a free, fair, and credible election. He advised politicians to desist from dragging the judiciary into political battles, urging them to “play clean politics.”

The senior advocate also refuted allegations of judicial complicity in the Osun State LG imbroglio, asserting that the judiciary acted in good faith and remained committed to upholding the rule of law and electoral integrity.

“It is now the responsibility of law enforcement agencies and government institutions to ensure that judicial decisions are respected and upheld. All persons and authorities must obey court judgments. Parties are not permitted to pick and choose which judgments to obey or disobey,” he stated.

Ozekhome highlighted that the judiciary’s decisions in both the PDP and All Progressives Congress cases demonstrated the supremacy of the Electoral Act over state laws in regulating local government elections.

He concluded by referencing the legal doctrine of “covering the field,” which invalidates any state law inconsistent with federal laws, rendering such laws null and void to the extent of their inconsistency.

Obiedun:
There cannot be fresh election. The already conducted one us intact. They elected chairmen and councillors must complete their tenure. This is democracy. The governor has mo right to remove any elected chairman

Maxymilliano:
https://punchng.com/ozekhome-urges-fresh-elections-to-end-osun-lg-dispute/?fbclid=IwY2xjawIlBhVleHRuA2FlbQIxMQABHcdt4wKh7mjOHhAnU7uXWAwnhLiTh9tDZRQi_bPGvw6k8-rphcfjPXyqbA_aem_IWkNHaGrjdum_fAVA90lRw

Tjra:
Rivers state had similar case as Osun and fresh elections did not hold.

Why is this different?

These guys always hold different views depending on the people involved. Shame

Maxymilliano:
https://punchng.com/ozekhome-urges-fresh-elections-to-end-osun-lg-dispute/?fbclid=IwY2xjawIlBhVleHRuA2FlbQIxMQABHcdt4wKh7mjOHhAnU7uXWAwnhLiTh9tDZRQi_bPGvw6k8-rphcfjPXyqbA_aem_IWkNHaGrjdum_fAVA90lRw

seunmsg:
No way. A fresh election when the tenure of those previously elected haven’t ended is an undemocratic way to resolve an act of impunity and lawlessness committed by the governor.

Peter Obi went to the same Court of Appeal to reclaim his mandate and he was allowed to fully serve his term of office. The elected local government council officials should be allowed to fully serve their term of office which will expire in October, 2025 as directed by the court. There is no need for any urgent election as there are no vacancies across local government councils in Osun state.

Nurudeen Ademola Jackson should stop the impunity and respect the judgement of the court.

HIGHESTPOPORI:
Rivers have conducted fresh elections.

Guestmale:
There can't be fresh election some of our lawyers and supporters should desist in causing problem where there's none,the idea of supporting illigalities because it favours my preferred candidates must stop,appeal court is not the last bus stop if anyone is not happy with judgment of appeal court they can proceed to supreme court to seek redress, instead of fomenting trouble and disregard for court order.

Most of the people commenting and cheering on are neither indigenes of Òsun nor leaving in Osun.

fergie001:
I wish the good people of Osun a successful LG election tomorrow.

Tjra:
Fresh local government elections? When was that?

HIGHESTPOPORI:
Where have you been living,they conducted elections last year which APP won all the seats

seanfer:
You and I know that election is just a waste of resources..

fredoooooo:
Whats good for the goose also the gander ..
Did you said the same in Rivers state?
E n aiere sir

phobia2002:
It's not every occasion a lawyer should turn himself to lying machine. When a court nullify a case. As a plantif are still going to wait for the judges to tell u that u've won

Tjra:
You don't get it.

PDP pulled out in that elections but Fubara went ahead. He conducted it and all his men won under APP.

Same thing happened in Osun state. APC went ahead with the elections back then, they won. But Adeleke removed the chairmen.

They've won their illegal removal in court and the dancing governor still doesn't want them to return to office.

Let's assume Wike's man takes over from Fubara in 2027 and then removes all the current APP local government chairmen, would you support their removal?