₦airaland Forum

Osun LG: How PDP played into the hands of APC (Part 2)

By Ismail Omipidan

After reading the submission by Chief Mike Ozekhome, SAN, and other submissions, comments, including insults, following the first part of this piece, I am compelled to make this intervention, especially in the light of the legal opinion from the Attorney-General and Minister of Justice, Prince Lateef Fagbemi.

Let me state clearly from the outset that, contrary to the view held by Chief Ozekhome, SAN, as at today, Friday 21, 2025, the only valid judgement is the Appeal Court judgement of February 10, 2025, reinstating the sacked Council Officials.

As a layman that I am, I beg to disagree with Chief Ozekhome, SAN position that the sacked Council Officials were not reinstated. If I may ask, what is the ordinary meaning of these pronouncements as made by the court: "This Appeal is meritorious and is hereby allowed." Without getting too legalistic, it will be preposterous for anyone to hold that the February 10 judgement did not reinstate the sacked Council Officials, taking into cognisance the prayers of the APC before the learned justices of the Appeal Court.

The APC had prayed the court to grant the following reliefs: “an Order allowing this appeal, an Order setting aside the ruling delivered by the Lower Court on 15th September, 2022 and dismissing the 1st Respondent’s Motion on Notice to amend dated 29th August, 2022 (but filed on 2nd September, 2022), an Order granting the Appellants’ Motion on Notice to dismiss suit dated 28th October, 2022, an Order setting aside and nullifying the judgment of the lower court delivered on 25th November, 2022, an Order invoking Section 16 of the Court of Appeal Act to determine the suit of the 1st Respondent on the basis of the Originating Summons dated 27th July, 2022, an Order dismissing Suit No: FHC/OS/CS/94/2022, an Order restoring the Appellants back into their offices having been duly elected by the citizens of Osun State, and (any) such further or other Orders as this Honourable Court may make in the circumstances of this appeal.”

And all the reliefs sought, particularly an Order “restoring the Appellants back into their offices having been duly elected by the citizens of Osun State,” were all granted by the Appeal Court. So, what exactly is the Benin Chief talking about?

In case Chief Ozekhome does not know, the first judgement obtained in this matter was obtained by the Peoples Democratic Party (PDP) on November 25, 2022. Ordinarily, by virtue of Section 138(1) of the Electoral Act, notwithstanding the purported sacking of the Council officials by the Federal High Court, they are entitled to continue to enjoy the benefits of office untill the matter is dispensed with by the final court.

However, rather than wait until the final court makes its pronouncement, Governor Ademola Adeleke, upon be sworn in on Sunday, November 27, 2022, announced the sacking of the Council Officials vide an Executive Order relying on the 25th November, 2022 judgment. Whereas, the judgement from the Action People's Party (APP) suit, which the PDP and their sympathisers are clinging to, came on November 30, after the governor had taken action. Therefore, technically speaking, that judgement is of no effect, especially because it was not different from that of the PDP, earlier obtained, which was the basis upon which the All Progressives Congress (APC), had approached the court in the first instance.

Although, the APC applied for a stay of execution, it was erroneously denied it. Nonetheless, it continued with the matter by filing a notice of Appeal.

The ruling of January 13, 2025, involving the APP, which the PDP wants to use as a lifeline, is already being challenged by way of an application for the relisting of the matter. The application for relisting was filed on January 23, 2025. Therefore, as at today, the matter is still pending. In the light of the foregoing, the only valid judgement that is yet to be challenged remains the one obtained by APC on February 10, 2025.

At any rate, neither the PDP nor the Osun State Government are parties in the so called APP suit. To that extent, they should not ordinarily benefit from the outcome of that ruling.

Let me remind my readers once more that when Ogbeni Rauf Aregbesola took over in 2010, PDP elected Local Government officials were in place. In spite of the fact that the Action Congress (AC), as it was then known, had challenged the conduct of the election, the same way the PDP did in 2022, the Action Congress of Nigeria (ACN) that later took over the reign of government in 2010, did not dissolve the PDP Council officials. Instead, the government allowed the case to run its full course. Hon. Bamidele Salam, a serving member of the House of Representatives from Osun, who is today pontificating over a non-existent counter ruling to that of February 10, was a beneficiary of that scenario. How come, someone like him, a lawyer did not talk real sense into the heads of those misleading our Dancing Governor?

I said it before, and let me reiterate here that having played into the hands of the APC, all the PDP need to do is to return to the court, while allowing the council officials to take their seats.

I am aware the State Government is still threatening to go ahead with tomorrow's election. Well, that has its own implications. I am aware that there are various suits already challenging the competence of the electoral body's chairman, my good friend and brother, Hasim Abioye, a card-carrying member of the PDP to preside over the exercise. Rather than waste our resources and plunge the state into avoidable state of anarchy, I will strongly advise Mr. Governor to allow reason to prevail over sentiment by returning to the court to perfect the processes.

Mr. Governor, recall that even after the Tribunal stacked you, you remained in office until the matter was decided by the final court. This is what the APC is also asking for. They cannot be sacked by fiat. Anything short of that will be an invitation to anarchy.

I rest my case for now!

Omipidan, a journalist, and author of 'Persona Non Grata,' writes from Abuja.

Hmm 🤔 very deep here . Adeleke is a clueless political dullard in Osun State politics. His political career is completely dead

Adeleke should be very careful not to lose everything. You can't fight FG and win.

Please bring me popcorn and one bottle of cold water let me seat and watch the whole drama as it unfold.

Summary please. E too long

Make una keep quiet. Play kor

Interesting days ahead.

Watch how those without any stake in Osun politics come here to wail as usual.

Reno Omokri & his zombie followers will soon drag Peter Obi to this

Summary pls

Osun - LG
Rivers - LG and HOA
Lagos - HOA
KADUNA
Edo - LG

States that can't get their acts together either by politics or interference.

Nawa oo.let see what's gonna happen tomorrow.

That explanation i am seeing there and the court judgment tendered is clear and unambiguous. So why all this confusion and political tug of war. Even supposed senior advocates can not even agree on a simple court judgment and yet all claim to be learned.
But let me say this, anybody that dies because of this issues is absolutely going to die for nothing.

Case closed, the APP suit they are relying on does not in any way help PDP's case at all. Gov Adeleke should stop twerking and allow the rule of law prevail in Osun state.



-Kiss the truth!

He was elected in 2022 and want to conduct LG elections in 2025.

Nigeria politicians are all the same, greed and selfish interest.

Nonsense
This writeup lacks any modicum of common sense

Omipidan otele Oyetola lo si Blue economy ni.

I don't know how many constitutions we have in Nigeria. This is because every section of it is given different interpretations depending on the side the lawyers is. Even Court verdict are never straight. There must be a loophole.

Now we have different interpretations from the winner, the loser, the onlookers, the passersby and even supporters of each class.

Bobodee09:
He was elected in 2022 and want to conduct LG elections in 2025.

Nigeria politicians are all the same, greed and selfish interest.

When did Igbin Iragbiji conducted election?

Does the Osun state independent electoral commission have a right to conduct election tomorrow Yes or No?
Answer is a definite yes
Is there a timeline specified in the Nigeria constitution where local government election can occur. Yes or No
Answer is No
APC should prepare for the election tomorrow and spoke all thier ranting.
Election timeline has been duly observed and all parties aware of the election, may the best candidate win.

SatoshiX:
Interesting days ahead.

Watch how those without any stake in Osun politics come here to wail as usual.

That's what worries me most they're neither Òsun state indigene nor living in Osun state and when any mayhem burst out it won't affect them or will they be there to offer any help.

psucc:
I don't know how many constitutions we have in Nigeria. This is because every section of it is given different interpretations depending on the side the lawyers is. Even Court verdict are never straight. There must be a loophole.

Now we have different interpretations from the winner, the loser, the onlookers, the passersby and even supporters of each class.

You can just imagine.
And all the lawyers are all learned o...
🙆🙆🙆

This is impunity by this so-called governor. Why not wait till October when their tenure will expire before conducting fresh election rather than causing chaos now

press9jatv:
Hmm 🤔 very deep here . Adeleke is a clueless political dullard in Osun State politics. His political career is completely dead

As dead as the many civil servants and pensioners who died because APC failed to pay their salaries and pensions for 12 years in Osun State

Meanwhile, the man who you call clueless political dullard is clearing the mess of debts owed by the vuvuzela balablu nonentities in APC.

Osun people know who the clueless people are.

carzeem1:
Does the Osun state independent electoral commission have a right to conduct election tomorrow Yes or No?
Answer is a definite yes
Is there a timeline specified in the Nigeria constitution where local government election can occur. Yes or No
Answer is No
APC should prepare for the election tomorrow and spoke all thier ranting.
Election timeline has been duly observed and all parties aware of the election, may the best candidate win.

Results that has already been written down in the government house abi?

carzeem1:
Does the Osun state independent electoral commission have a right to conduct election tomorrow Yes or No?
Answer is a definite yes
Is there a timeline specified in the Nigeria constitution where local government election can occur. Yes or No
Answer is No
APC should prepare for the election tomorrow and spoke all thier ranting.
Election timeline has been duly observed and all parties aware of the election, may the best candidate win.

Therefore the election conducted by Oyetola in twilight of his tenure is valid.

O Ma bubble.
Abeg, make una do elections as una like joor and if una no wan do am, make una park well.

Sha, 2026 no far, if una do elections tomorrow by 2026 who Governorship go determine who go stay LG secretariats.

Guestmale:
Therefore the election conducted by Oyetola in twilight of his tenure is valid.

Technically, YES! Until a court decides otherwise.

Very concise and apt. It seems PDP still have a lot l
To learn from APC in terms of wining legal battles

Only when there is sincerity of purpose, that's when there will be justice and fairness, and justice and fairness will be seen to have been in existence.

Gboom:
This is impunity by this so-called governor. Why not wait till October when their tenure will expire before conducting fresh election rather than causing chaos now

Tenure that was already cancelled by a FEDERAL High Court in 2022 November, three days before Adeleke was sworn into office?

Dey play o.
Dey there dey play instead of equipping yourself with adequate knowledge.

Being Text Of A Press Conference by Hon Odesola Oluseye Títus chairman, Action Peoples Party, Osun State.

Gentlemen of the Press

The Action Peoples Party in Osun State today, 21st of February, 2025, frowns at the unsavoury and fatally biased communication purportedly emanating from the office of the Attorney General of the Federation.

As an interested party in the botched October 15 2022 local government election in Osun State, it is imperative to state that the purported stance of Mr Lateef Fagbemi, the Attorney General of the Federation was in bad taste, utterly disrespectful to the laws of the land, which is a calculated fertile ground for avoidable violence in our dear state.

For us in the App, a partner in the democratic trajectory in Nigeria and particularly, Osun State, we found it ludicrous to believe that such a naked biase memo would come from the AGF, Fagbemi, knowing fully well that there is a valid judgement of the same court of appeal affirming the nullification of the October 15, 2022 local government election in Osun State. Recall, the election had earlier been annulled by the Osogbo Federal High Court, on 30th of November, 2022, for contravening the electoral laws.

It is ridiculous to say the least that a law officer of the Federation, would deliberately feign ignorance of a subsisting judgement of the court of the land by cherry picking the side of another judgement he deemed suitable for his tailored narrative.

In a sane clime, An Attorney General of the Federation should be abreast of the minutest of court pronouncements in the Federation and should be addressed holistically if and when the need arises. This the AGF has failed and it is appalling in the mildest of expression

As active participant in both the Collapsed October 15 2022 and the February 22, 2025, and after due consultations with our legal department and members of our party, we are left with no doubt that the scheduled local government election slated for February 22, 2025, should proceed.

The Attorney General of the Federation is not a bigger entity than the courts in Nigeria. He is advised to test his opinion in the court of law according to the constitution of Nigeria which established the office of the Attorney General, which is world apart to constitutional courts.

I want to reiterate that our great party, the Action Peoples Party will participate in Saturday's election. Our party has been equipped to arrive at this decision by the reason of the the Appeal Court dismissal of the Apc suit at the appeal court on the 13th of January, 2025, challenging the nullification of the October 15 2022 election in Osun State.

I also call on the patriotic citizens of the Osun State to join forces with us in this noble course, by voting enmasse for our great party, the APP in the scheduled election.

Thank you for listening to me.

Hon Odesola Oluseye Títus
Osun State Chairman
Action Peoples Party (APP)
21-02-2025

Osun LG election: You’re not Court of law, group slams AGF

February 21, 2025

A civil society group, Osun Democrats for Democracy on Friday blasted the Attorney General of the Federation, Lateef Fagbemi for allegedly assuming the role of a court on the osun local government crisis, saying that “the AGF is not a court of law and cannot stop election nor interprete court rulings.

The group in a statement in Osogbo by its legal adviser, Adewale Fowora, advised the state government to go ahead with the election on Saturday saying, “AGF Statement is a political action which has no foundation in law. AGF is not the court and he cannot exercise the powers of the court”, the group responded”.
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“Much more worrisome is the biased refusal to mention the APP judgement which sacked the APC council aspirants. The APP judgement was not the subject of appeal at Akure and so the appeal ruling at Akure has nothing to do with the subsisting APP judgement.

https://tribuneonlineng.com/osun-lg-election-youre-not-court-of-law-group-slams-agf/#google_vignette