Osogbo, Nigeria – The Lawyer-Common of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, has warned Osun State Governor Ademola Adeleke towards holding a neighborhood authorities (LG) election within the state.
The warning comes within the wake of a management disaster triggered by LG elections scheduled for Saturday, February 22, 2025, and follows a current Court docket of Attraction judgment that restored the beforehand ousted native authorities leaders.
In a press release launched on Thursday, Fagbemi asserted that an LG election can’t happen whereas the tenure of the previous leaders of the third tier of presidency stays in pressure. In keeping with Fagbemi, the Court docket of Attraction’s judgment delivered on February 10, 2025, restored the native authorities officers eliminated throughout the fast previous administration, mandating that they proceed in workplace till the expiration of their tenure.
The AGF’s assertion learn in components:
“My consideration has been drawn to the PUBLIC OUTCRY of Osun State Governor, Ademola Adeleke in regards to the judgment of the Court docket of Attraction, Akure division delivered on tenth day of February, 2025 in Attraction No CA/AK/272/2022 which nullified and put aside the judgement of the Federal Excessive Court docket, Osogbo, Osun State, delivered on twenty fifth day of November, 2022.
“It has grow to be essential to challenge this public discover to take away doubts, fears and uncertainties created by misrepresentations and disinformation in regards to the authorized impact of the judgement of the Court docket of Attraction.
“Placing issues in correct context, the occasion that led to the 2 judgements was that throughout the foreign money of the time period of the previous Governor of Osun State, Adegboyega Oyetola, election was held into all of the native governments of Osun State and winners had been sworn in.
“Nonetheless, a number of days earlier than the swearing in of Governor Adeleke, the Federal Excessive Court docket Osogbo delivered the judgement referred to above by which it nullified the election of the Native Authorities elected officers and eliminated them from workplace.
“As quickly as Governor Adeleke assumed workplace a number of days after the judgement, he issued govt order for the bodily removing of the elected officers and changed them with caretaker appointees.
“In the meantime, the APC that was a celebration within the Federal Excessive Court docket case referred to above appealed towards the judgement.
“The Court docket of Attraction ultimately, on tenth day of February, 2025 delivered its judgement within the attraction filed by APC towards the judgement of the Federal Excessive Court docket.
“The Court docket of Attraction not solely allowed the attraction, it additionally held affirmatively that the go well with that resulted within the judgement of the Federal Excessive Court docket referred to above was incompetent and consequently made an order putting out the go well with.
“Accordingly, the judgement of the Court docket of Attraction had by implication successfully restored the elected Native Authorities officers eliminated by the Federal Excessive Court docket, again to their places of work,” the assertion learn.
Fagbemi famous that the transfer by the restored elected officers to renew their positions had been met with resistance from what he described as “disgruntled components,” additional intensifying the disaster. He faulted Governor Adeleke for not curbing these components and sustaining peace, insisting as a substitute {that a} new LG election be held on February 22.
In keeping with the AGF,
“Any such election that could be held won’t solely be invalid for the reason that time period of workplace of the elected officers simply restored by the judgement of the Court docket of Attraction will nonetheless be working till October 2025, it can additionally quantity to an egregious breach of the Structure which Governor Adeleke has sworn to uphold.
“Once more, the current judgement of the Supreme Court docket which has validated and entrenched Native Authorities autonomy additionally strengthens the duty on Governor Adeleke to make sure clean, non-violent transition from one elected officers to a different in accordance with the statutorily prescribed 3 yr tenure.
“For avoidance of doubt, when proceedings and choices of courtroom are declared a nullity for lack of jurisdiction, it means they don’t exist and haven’t any impact by any means.
“It’s my opinion that the Court docket of Attraction Judgment of tenth February, 2025 which is superior to any Excessive Court docket resolution, defines the authorized place on this case and represents the one legally enforceable judgment and has the authorized impact of returning the initially sacked Native Authorities democratically elected officers of Osun State.
“The constitutional order which existed earlier than the dissolution have to be restored instantly for the reason that judgment upon which the Governor acted to dissolve the democratically elected authorities has been declared a nullity for lack of jurisdiction of the Court docket to have heard the case and made these orders,” the AGF said.
Fagbemi due to this fact referred to as on Governor Adeleke to advise the Osun State Impartial Electoral Fee (OSIEC) to not proceed with any LG election, including that he’s out there for any dialogue which may assist restore peace to the state.
Because the authorized and political debate continues, stakeholders await additional developments, with many urging strict adherence to the judicial rulings and constitutional provisions to keep up stability in Osun State.
