- Fagbemi: “You Can’t Conduct Fresh LG Elections”
- Adeleke: “Saturday’s LG Election ‘ll Hold As Scheduled”
By Abiola Olawale
The Osun State local government (LG) election crisis has escalated into a heated argument between the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi and Governor Ademola Adeleke of Osun State.
The contention centres on the legitimacy of a planned LG election scheduled for Saturday, February 22, 2025, and the reinstatement of previously sacked council chairpersons.
The crisis escalated from a legal tug-of-war that began during the tenure of the immediate past Governor of Osun State, Adegboyega Oyetola, when an election was held for all LGs in Osun State, and winners were sworn in.
Recall that days prior to Adeleke’s inauguration in November 2022, a Federal High Court in Osogbo had nullified that election, prompting Adeleke to issue an executive order removing the elected officials and appointing caretaker committees upon taking office.
The All Progressives Congress (APC), which had overseen the original election, appealed this ruling. On February 10, 2025, the Court of Appeal in Akure overturned the lower court’s decision, stressing that the tenure of the elected LG officials will expire in October 2025.
Weighing in on this crisis, Fagbemi, in his submission argued that conducting a fresh election on February 22 would therefore be unconstitutional and invalid, as the restored Councils officials’ terms remain active.
In a statement issued on Thursday, February 20, he urged Adeleke to halt the planned election, warning that it would amount to a breach of the Nigerian Constitution, which the governor swore to uphold, and could incite further violence following deadly clashes earlier in the week that left at least six people reportedly dead.
Fagbemi underlined the Supreme Court’s recent affirmation of LG autonomy, reinforcing the obligation to respect the restored officials’ three-year tenure.
He said: “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, elections were held in 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 an 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 the 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…”
“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 a smooth, non-violent transition from one elected official to another in accordance with the statutorily prescribed 3-year tenure.”
He added: “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 judgment and has the legal effect of returning the initially sacked local government democratically elected officials of Osun State…
“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 the Osun State Independent Electoral Commission (OSIEC) to shelve the idea of proceeding with any local government election now.”
Adeleke, however, has remained defiant, vowing to proceed with the election and accused security forces of partisanship. The Osun state chapter of the Peoples Democratic Party (PDP), backing Adeleke, has dismissed Fagbemi’s intervention as politically motivated, asserting that the AGF lacks the authority to stop the election or interpret court rulings.
Also, Adeleke, in a statement issued by his spokesperson, Olawale Rasheed, on Thursday evening, maintained peace has returned to the state after the illegal takeover of council secretariats by the “court-sacked APC chairmen and Councilors.”
The statement reads, “I urge all registered voters to vote in the local government election of Saturday, 22nd February 2025, and to conduct themselves peacefully at all times.
“I particularly appreciate and commend our people for complying with my directives to avoid local government secretariats. The compliance saved our state from further confrontations and casualties. It has returned the state of the living spring to its peaceful and loving nature.
“Those who claim to have a court judgment that ordered their reinstatement should approach the court to enforce the said order of court instead of resorting to self-help, which is illegal. The Nigerian judiciary has its enforcement procedure, which everyone must follow. If you have a genuine court order, follow the court enforcement protocols.
“As a government, we have read through the said judgment. We have submitted it for interpretation to the best of legal minds. There is nowhere a reinstatement order was issued. No matter the manner of misinterpretation, that judgment contains no consequential order nor any reinstatement directive.
“If the occupying court-sacked APC chairmen and councillors chose to continue on the path of illegal self-help, I assure our people that the best route to resolution is the rule of law through the judiciary. I am committed to upholding the rule of law alongside the passionate observance of the Constitution. We will allow the court to determine the correctness or otherwise of their claim.”
