The Attorney General of the Federation and Minister of Justice Lateef Fagbemi has cautioned the Osun State Government against going ahead with the planned council elections on Saturday
In a legal opinion issued on Thursday, the AGF urged Governor Ademola Adeleke to “toe the path of law and not instigate unnecessary violence in Osun State”.
Providing a chronology of the case, Fagbemi explained that council elections were conducted and winners sworn in during the twilight of Gboyega Oyetola’s first term in office in 2022.
However, the elections were later nullified by a Federal High Court in Osogbo on November, 25 2022.
Consequently, Governor Ademola Adeleke upon assuming office, issued an executive order sacking the elected councils and appointing caretaker committees into the councils.
Three years later, on February 10, 2025, the Akure division of the Court of Appeal, nullified and set aside the judgement of the Federal High Court
The AGF stressed that, “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 was incompetent and consequently made an order striking it out”.
He further clarified that 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.
ait.live had reported how the attempt to enforce the Court of Appeal judgement and return to office led to a violent clash between the returning elected council officials and the caretaker administration, resulting in about 6 deaths
The Attorney General of the Federation in his advisory, noted that the term of office of the elected officials has regained currency and will naturally run out in October, 2025, cautioning the Governor of the state to shelve the plan for new Local Government elections planned for 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”.
Referencing the Supreme Court’s judgment on local government autonomy, Fagbemi said Governor Adeleke is under obligation to ensure smooth, non-violent transition from one elected officials to another in accordance with the statutorily prescribed 3 year tenure and ensure the constitutional order which existed before the dissolution must be restored immediately.
Editor Paul Akhagbemhe
