Justice Adeyinka Aderibigbe of the Osun State High Court has ruled that vacancies exist in all the 30 local government areas in the state, ordering the State Independent Electoral Commission (OSSIEC) to fill the positions.
This ruling comes just a day after the Attorney-General of the Federation, Mr. Lateef Fagbemi (SAN), directed Osun Gov. Ademola Adeleke to suspend the local government elections.
Justice Aderibigbe, while ruling on a motion filed by the People’s Democratic Party (PDP) in suit no. HIL/M/.192025, directed OSSIEC and its chairman, Mr. Hashim Abioye, to conduct the local government election, and also ordered law enforcement agencies to provide security during and after the polls.
The judge held that vacancies exist in Osun LGs after the election conducted by OSSIEC on October 15, 2022, was invalidated by the Federal High Court FHC/CS/OS/103/2022; in Action People’s Party vs Independent National Electoral Commission & ors. delivered on November 30, 2022.
He further said that the Federal High Court’s judgment was upheld by the Court of Appeal’s decision in Appeal No. CA/AK/226M/2024, involving Allied People Movement and Action People’s Party, which was delivered on January 13, 2025.
The order dated Friday, February 21, 2025, partly read, “1. An order of this honourable court is granted, recognising the existing vacancies across all the 30 Local Government Areas of Osun State, the election conducted by the first defendant on 15th October 2022, having being invalidated, nullified and voided, and the purported elected officials produced by the purported election having been sacked by the Federal High Court FHC/CS/OS/103/2022; in ACTION PEOPLE PARTY (APP) VS INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ors. delivered on the 30th November 2022, and as confirmed by the decision of the Court of Appeal in Appeal No. CA/AK/226M/2024, ALLIED PEOPLE MOVEMENT (APM) & ORS vs ACTION PEOPLES PARTY (APP) & ORS delivered on 13th January 2025.
“2. An order of this honourable court is granted, directing, mandating and compelling the defendants to fill the vacancies across the 30 Local Government Areas of Osun State through a democratic process by proceeding to conduct the Local Government ELECTIONS already scheduled by the defendants for 22nd of February, 2025.
“3. An order of this honourable court is granted, directing, mandating and compelling all the security agents comprising of the Nigeria Police, the Nigerian Army, the Department of State Security Services (DSS), the Nigerian Security and Civil Defence Corps (NSCDC), the National Drugs and Law Enforcement Agency (NDLEA), the Amotekun Corps, the Vigilante Groups etc. to provide adequate security and maintain peace and order before, during and after the local government election scheduled by the Defendants for February 22, 2025, in Osun State.”
Persecondnews had reported that Gov. Adeleke remained resolute that the polls will take place as scheduled on Saturday, February 22, 2025.
Adeleke, in a statement he released on Friday through his spokesperson, Olawale Rasheed, said democracy is guided by the rule of law and that no individual has the authority to override the courts.
The statement reads: “My advice to all parties, including local and national stakeholders, is to abide by democratic norms. As for me and my people, we stand by the rule of law, not illegal self-help.
“Election is going to hold, and the outcome will be a fast-tracked development at the local level. I urge our people to remain peaceful. Osun is a truly peaceful state.”
Prior to Adeleke’s statement, the AGF, in a statement he released on Thursday, urged him to instruct the OSSIEC to halt the election, warning that it would be invalid and constitute a serious violation of the Constitution.
Fagbemi referenced the recent Court of Appeal ruling in Akure, which overturned an earlier Federal High Court judgment that nullified the previous local government elections conducted under former Governor Adegboyega Oyetola.
The AGF said any election held would be invalid, as the term of the newly restored officials runs until October 2025.
He also warned it would be a serious breach of the Constitution, which Governor Adeleke swore to uphold.
Fagbemi further cautioned against any actions that could lead to violence, urging Adeleke to uphold the rule of law and maintain peace in the state.
Persecondnews recalls that violence erupted in the Southwest state on Monday, February 17, resulting in the tragic loss of at least six lives.
The chaos erupted when sacked APC local government chairmen and councillors tried to return to the councils but were met with fierce resistance from PDP supporters.
This move was an attempt to enforce the Court of Appeal’s judgment which had overturned their removal by the Federal High Court, Osogbo, in November 2022.
The confrontation left a trail of destruction of properties across the local government areas in the state.
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