The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, has urged Osun State Governor, Ademola Adeleke, to respect the recent judgment of the Court of Appeal, Akure Division, which restored local government officials removed in 2022.
The controversy stems from the 2022 local government elections held under the administration of former Governor Adegboyega Oyetola, which were later nullified by the Federal High Court in Osogbo just days before Adeleke assumed office.
Following the ruling, Adeleke removed the elected officials and replaced them with caretaker committees.
In a statement released on Thursday night, Fagbemi addressed concerns raised by Adeleke over the ruling, clarifying its legal implications and advising against any actions that may violate the constitution.
“My attention has been drawn to the public outcry of Osun State Governor, Ademola Adeleke concerning the judgment of the Court of Appeal, Akure division delivered on the 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”, the statement partly read.
“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 judgment of the Court of Appeal. Putting matters in proper context, the event that led to the two judgments 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.
“However, a few days before the swearing-in of Governor Adeleke, the Federal High Court Osogbo delivered the judgment 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 judgment, he issued an executive order for the physical removal of the elected officials and replaced them with caretaker appointees, “the AGF added.
Speaking further, he noted that the ruling was subsequently challenged by the All Progressives Congress, leading to the Court of Appeal’s decision to overturn the Federal High Court’s judgment, thereby reinstating the removed officials.
“Meanwhile, the APC that was a party in the Federal High Court case referred to above appealed against the judgment. The Court of Appeal, eventually, on the 10th day of February 2025, delivered its judgment in the appeal filed by APC against the judgment 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 judgment of the Federal High Court referred to above was incompetent and consequently made an order striking out the suit.”
“Accordingly, the judgment 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. 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 that 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.”
He also noted that despite the Court of Appeal’s judgment, Adeleke has maintained plans to conduct fresh local government elections on February 22, 2025.
Therefore, Fagbemi cautioned against this move, warning that it would be unconstitutional.
“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 judgment of the Court of Appeal will still be running until October 2025, but it will also amount to an egregious breach of the Constitution which Governor Adeleke has sworn to uphold”, the AGF noted.
The Attorney General also referenced a recent Supreme Court ruling that reaffirmed the autonomy of local governments, stressing that Adeleke must ensure a smooth and lawful transition following the constitutional three-year tenure.
“Again, the recent judgment 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 three-year tenure”, he said.
He, however, reaffirmed that when a court ruling is declared null and void due to lack of jurisdiction, it ceases to have any legal effect, reiterating that the Court of Appeal’s judgment stands as the ultimate authority on the matter.
“For the avoidance of doubt, when proceedings and decisions of the court are declared a nullity for lack of jurisdiction, it means they do not exist and have no effect whatsoever. It is my opinion that the Court of Appeal Judgment 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.
“The constitutional order which existed before the dissolution must be restored immediately since the judgment 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”, Fagbemi stated.
He, therefore, urged Adeleke to respect the rule of law, warning against actions that could incite unrest in the 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 Osun State Independent Electoral Commission (OSIEC) to shelve the idea of proceeding with any Local Government Election now.”
Fagbemi concluded by expressing his willingness to engage in dialogue with the governor to ensure peace and stability in Osun State.
“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,” the AGF concluded.
