₦airaland Forum

AGF Fagbemi: Osun LG elections conducted by Adeleke ‘invalid, egregious breach of the Constitution

My attention has been drawn to the PUBLIC OUTCRY OF Osun State Governor, Ademola Adeleke concerning the judgement 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. Notwithstanding the judgement 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.

9. 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.

10. For avoidance of doubt, when proceedings and decisions of court are declared a nullity for lack of jurisdiction, it means they do not exist and have no effect whatsoever.

11. It is my opinion that the Court of Appeal Judgement of 10th February, 2025 which is superior to any High Court decision, defines the legal position in this case and represents the only legally enforceable judgement and has the legal effect of returning the initially sacked Local Government democratically elected officials of Osun State.

12. The constitutional order which existed before the dissolution must be restored immediately since the judgement upon which the Governor acted to dissolve the democratically elected government has been declared a nullity for lack of jurisdiction of the Court to have heard the case and made those orders.

13. 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 (OSIEC) to shelve the idea of proceeding with any Local Government Election now.

14. My office will be happy to be available for any dialogue His Excellency may require on this matter in the interest of the peace of Osun State in particular and Nigeria in general.

*Lateef O. Fagbemi, SAN
Attorney General of the
Federation and
Minister of Justice.




https://freedomonline.com.ng/agf-fagbemi-osun-lg-elections-conducted-by-adeleke-invalid-egregious-breach-of-the-constitution/

Holly Gram See him head

Em go sabi sleep wit married women well well


LITE UP my WEED in peace

WTF MAN!

This one na time waster .. talking like drunk..



After your noise .. go to court

APC na very bad losers

Evil party


Power to the people!!!

Truths from AGF Fagbemi here. God keep on protecting us for us. Thanks 🙏🏻

Fagbemi should go to court. OSIEC is the only constitutionally empowered organ to organize, conduct and declare LG elections in Osun state. That they have done, if AGF is not happy, he should please approach the court and stop heating up the polity.

I am happy we now have a very proactive man as our Attorney General of the Federation and
Minister of Justice.

I see people saying AGF should go to court,he won't go to court, he should just instruct the FG to pay to the APC chairmen of their allocation.

Reinvented:
Fagbemi should go to court. OSIEC is the only constitutionally empowered organ to organize, conduct and declare LG elections in Osun state. That they have done, if AGF is not happy, he should please approach the court and stop heating up the polity.

Wetin be the other party that also has suit against APC

And why’s the blabbing fagbemi is always quiet on it

This one just dey yan jagons, what about the judgement that sacked all the APC Chairmen in the case between APP vs APC and INEC?

PRESS STATEMENT,(23RD FEBRUARY, 2025)


Discard Fake News Not To Resume At Work Tomorrow, Osun APC Tells Reinstated Council Chairmen, Councillors

... Tasks Police, DSS, Civil Defence To Be On Standby

Our attention has been brought to a fake news on the social media orchestrated by a supposed democratic state government stating that the leadership of the APC in Osun State has purportedly directed their elected local government chairmen and councillors not to resume in their various local government council areas tomorrow.

We want to inform the authentic Court of Appeal-reinstated local government council chairmen and councillors that no such information came from the esteemed leadership of our party.

It is the handiwork of the reactionary elements who thought they could realize their inordinate political ambition through the dissemination of fake story to confuse our focused elected council bosses and chiefs.

We want to make it abundantly clear that it is imperative for the elected APC local government chairmen and councillors not to cease from resumption at their various local government council areas in order to continue to serve the deprived people at the grassroots level of government.

The APC is a party founded on the rules of law which is the reason the Court of Appeal judgement given at the Akure Division, Akure, Ondo State, on the 10th of February, 2025, is the basic instrument of your reinstatement.

We are not unaware of the fact that some disgruntled elements who are emboldened by the lawless government of the day in Osun State are planning to invade the local government council areas across the state.

We would like to enjoin the state Commissioner of Police, the State Director of the DSS and the State Comptroller of the Civil Defence to be on watch out with a view to keeping peace in all the local government council areas in the state.

It is also important to appeal to the parents and guardians across the state to warn their children and wards to desist from being recruited as political thugs by disgruntled and failed politicians who are hell-bent in disturbing the peace of the state.

We are reinstating our statement again that there are no vacancies for elected offices at the local government council level in all the local government council areas in Osun State.

A word is enough for the wise while those who are destined to get lost would not hearken to the whistling of a hunter like that of a proverbial dog.

e-SIGNED:

Mogaji KOLA OLABISI,

Osun State APC Director of Media and Information.

@MOD
Tell your APC People to give you work in any Grade A agency.
Supreme Court ruled that all State Governors should conduct Election and Adeleke did that after removing the Sham(Yes/No) Oyetola did few weeks after he lost Elections.
APC should know that a one party system will not lead to success of this Country.
Accept,plan for the next Gubernatorial Election.

Lateef Fagbemi,

You keep dodging the APP Judgement why?
Or it's not in the records of the Court, Mr Attorney-General?

Emmergency lovers the Obidients will soon support Adeleke for this lawlessness

This election is absolutely a waste of funds, time and resources. I wonder what exactly Gov Adeleke stands to gain from this illegality.

The FG should just warehouse the LG money with the Central bank pending when the constitution is followed.

madridguy:
I am happy we now have a very proactive man as our Attorney General of the Federation and
Minister of Justice.

I see people saying AGF should go to court,he won't go to court, he should just instruct the FG to pay to the APC chairmen of their allocation.

I think the state house of assembly will suspend them after one month of allocation just like Edo government did

You know this is not possible. APC will stand with APC.

Hoelujohn:
I think the state house of assembly will suspend them after one month of allocation just like Edo government did

press9jatv:
Truths from AGF Fagbemi here. God keep on protecting us for us. Thanks 🙏🏻

He should go to court and stop blabbering.....

The worst attorney General ever in history of Nigeria.

He should have posted copy of the judgement....

yarimo:
Emmergency lovers the Obidients will soon support Adeleke for this lawlessness

Go to court and stop this nonsensical talk.

richiemcgold:
This election is absolutely a waste of funds, time and resources. I wonder what exactly Gov Adeleke stands to gain from this illegality.

Lies. PDP still has the law on its side.


You people reside on papers while real actors the PDP are really on ground

madridguy:
I am happy we now have a very proactive man as our Attorney General of the Federation and
Minister of Justice.

I see people saying AGF should go to court,he won't go to court, he should just instruct the FG to pay to the APC chairmen of their allocation.

You think PDP and governor of Osun state is daft?

APC just trying to steal Osun state from the Window but it will never happen.

AGF should go to court and stop making the silly noise. It makes him look very stupid.

press9jatv:
AGF Fagbemi: Osun LG elections conducted by Adeleke ‘invalid, egregious breach of the Constitution

My attention has been drawn to the PUBLIC OUTCRY OF Osun State Governor, Ademola Adeleke concerning the judgement 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.

2. 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.


3. 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.

4. 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.

5. 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.

6. 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.


7. 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.

8. Notwithstanding the judgement 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.


9. 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.

10. For avoidance of doubt, when proceedings and decisions of court are declared a nullity for lack of jurisdiction, it means they do not exist and have no effect whatsoever.
11. It is my opinion that the Court of Appeal Judgement of 10th February, 2025 which is superior to any High Court decision, defines the legal position in this case and represents the only legally enforceable judgement and has the legal effect of returning the initially sacked Local Government democratically elected officials of Osun State.

12. The constitutional order which existed before the dissolution must be restored immediately since the judgement upon which the Governor acted to dissolve the democratically elected government has been declared a nullity for lack of jurisdiction of the Court to have heard the case and made those orders.


13. 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 (OSIEC) to shelve the idea of proceeding with any Local Government Election now.

14. My office will be happy to be available for any dialogue His Excellency may require on this matter in the interest of the peace of Osun State in particular and Nigeria in general.

*Lateef O. Fagbemi, SAN
Attorney General of the
Federation and
Minister of Justice.




https://freedomonline.com.ng/agf-fagbemi-osun-lg-elections-conducted-by-adeleke-invalid-egregious-breach-of-the-constitution/

You this Agbadorian, the way you dey carry APC / oyetola matter for head like this.
You go soon shit for your body oh!

This is the only sensible and simple interpretation of the Appeal Court judgement. I find it extremely ridiculous reading the opinion of some layers that the APC chairmen cannot resume back to office because the court did not delve into the meat of the matter or because the court did not issue any consequential order.

When a judgement has been declare a nullity, what consequential order do you need again? I remember when Fergie001 used to argue that jurisdiction is the leg that all cases must stand on and a case without jurisdiction is like a table without legs. Political affiliation seems to have made him forget this all important legal principle.

Anyway, kudos to the AGF for standing firm on the side of the truth. We are practicing a constitutional democracy based on the rule of law and not the tyranny of tyrant governors who have move impunity the order of the day.

seunmsg:
This is the only sensible and simple interpretation of the Appeal Court judgement. I find it extremely ridiculous reading the opinion of some layers that the APC chairmen cannot resume back to office because the court did not delve into the meat of the matter or because the court did not issue any consequential order.

When a judgement has been declare a nullity, what consequential order do you need again? I remember when Fergie.001 used to argue that jurisdiction is the leg that all cases must stand on and a case without jurisdiction is like a table without legs. Political affiliation seems to have made him forget this all important legal principle.

Anyway, kudos to the AGF for standing firm on the side of the truth. We are practicing a constitutional democracy based on the rule of law and not the tyranny of tyrant governors who have move impunity the order of the day.

Hahaha, so with the APP, there was also no jurisdiction?



Mr AGF has been running away from the APP judgement like it never existed.
Each time he releases a statement, he keeps mute on that!

Well-meaning Nigerians will take him serious when he mentions that in any of his press releases, until then, he is entertaining his Party members.

fergie001:
Hahaha, so with the APP, there was also no jurisdiction?



Mr AGF has been running away from the APP judgement like it never existed.
Each time he releases a statement, he keeps mute on that!

Well-meaning Nigerians will take him serious when he mentions that in any of his press releases, until then, he is entertaining his Party members.

The last valid judgement is the PDP case. That’s what will be obeyed. You can’t cherry pick which one you want to obey or disobey.

seunmsg:
The last valid judgement is the PDP case. That’s what will be obeyed. You can’t cherry pick which one you want to obey or disobey.

But the AGF can

Let him mention it in his press releases and become a laughingstock

I know they wouldn't want to tell you.
The PDP case had no cause of action because it was filed before the notices whilst the APP suit was filed after 15/8/2022, it had a cause of action...that's why they avoid it like leprosy

So let the AGF do Nigerians a favour as a Senior lawyer and analyze the APP judgement or at best, just MENTION IT.

press9jatv:
Truths from AGF Fagbemi here. God keep on protecting us for us. Thanks 🙏🏻

If he doesn't like the results he should go to court, his opinions aren't needed

After Tinubu and inec finished running with the result they said go to court, they should follow what they preach and stop crying

fergie001:
But the AGF can

Let him mention it in his press releases and become a laughingstock

I know they wouldn't want to tell you.
The PDP case had no cause of action because it was filed before the notices whilst the APP suit was filed after 15/8/2022, it had a cause of action...that's why they avoid it like leprosy

So let the AGF do Nigerians a favour as a Senior lawyer and analyze the APP judgement or at best, just MENTION IT.

It is irrelevant as it has been overtaking by another valid judgement of the Appeal court.

Na tomorrow una fit see shege from the governor if una disturb any elected candidates.

press9jatv:
AGF Fagbemi: Osun LG elections conducted by Adeleke ‘invalid, egregious breach of the Constitution

My attention has been drawn to the PUBLIC OUTCRY OF Osun State Governor, Ademola Adeleke concerning the judgement 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.

2. 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.


3. 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.

4. 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.

5. 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.

6. 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.


7. 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.

8. Notwithstanding the judgement 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.


9. 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.

10. For avoidance of doubt, when proceedings and decisions of court are declared a nullity for lack of jurisdiction, it means they do not exist and have no effect whatsoever.
11. It is my opinion that the Court of Appeal Judgement of 10th February, 2025 which is superior to any High Court decision, defines the legal position in this case and represents the only legally enforceable judgement and has the legal effect of returning the initially sacked Local Government democratically elected officials of Osun State.

12. The constitutional order which existed before the dissolution must be restored immediately since the judgement upon which the Governor acted to dissolve the democratically elected government has been declared a nullity for lack of jurisdiction of the Court to have heard the case and made those orders.


13. 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 (OSIEC) to shelve the idea of proceeding with any Local Government Election now.

14. My office will be happy to be available for any dialogue His Excellency may require on this matter in the interest of the peace of Osun State in particular and Nigeria in general.

*Lateef O. Fagbemi, SAN
Attorney General of the
Federation and
Minister of Justice.




https://freedomonline.com.ng/agf-fagbemi-osun-lg-elections-conducted-by-adeleke-invalid-egregious-breach-of-the-constitution/

GO TO COURT. Press9jatv meet me at Oke-Fia abi Sekona.

seunmsg:
It is irrelevant as it has been overtaking by another valid judgement of the Appeal court.

Then why can't the AGF make this very "simple" explanation?