Osun LG control battle: How one judgement, many interpretations led to crisis

21 Feb 2025
By Ismail Azeez

Osun State is currently embroiled in a crisis over local government control following the Appeal Court judgement delivered in Akure, Ondo State, on Monday regarding the sacked chairmen and councillors of Osun Council. The crisis erupted a week after the court ruled in favour of the All Progressives Congress (APC) and struck out the case brought by the People’s Democratic Party (PDP).

Following the judgement, both APC and PDP have expressed conflicting interpretations. While the APC claims that the court reinstated the sacked elected council officials, the PDP and the state government argue that the ruling merely struck out the PDP’s case without reinstating anyone.

The Attorney General of Osun State, Mr Jimi Bada, insisted that the court did not reinstate the sacked officials. He maintained that the judgement in a separate case filed by the Action Peoples Party (APP), which nullified the elections, remains valid and affects all parties involved.

“I want to confirm to you straight away that the Court of Appeal in Akure did not go into the merit of the appeal lodged by the APC. Their finding was simply that there was no cause of action at the time the PDP filed the suit against OSSIEC at the Federal High Court. The Court of Appeal only struck out the originating summons filed by the PDP—nothing more,” he stated.

He further clarified: “Anyone can interpret the judgement differently, but at no point did the court order that the sacked local government chairmen should be reinstated. The Court of Appeal did not make such a declaration.”

However, APC National Secretary, Dr Ajibola Basiru, countered the Attorney General’s claims, describing them as an affront to the rule of law and a deliberate misrepresentation of the court’s ruling.

“This deliberate misrepresentation of the court’s judgement is an affront to the rule of law and exposes the Osun State Government as an enabler of illegality. Ordinarily, a lawyer should know that a court judgement remains valid and binding unless set aside. The only option available to a dissatisfied party is to appeal to the Supreme Court. Neither Alimi nor the Osun State Government can sit in judgement over the ruling. This is elementary law,” Basiru asserted.

He further stated: “The Court of Appeal considered all grounds of appeal in case CA/AK/270/2022 against the judgement of the Federal High Court (Justice N. Ayo-Emmanuel), which had nullified the local government elections and ordered the elected officials to vacate office. In allowing the appeal, all reliefs sought by the APC were granted, including setting aside the Federal High Court’s ruling and ordering the restoration of the sacked local government councils.”

Governor Ademola Adeleke, in a press conference on Sunday, called on President Bola Tinubu to direct the National Security Adviser and the Attorney General of the Federation to personally verify the facts of the Appeal Court judgement.

According to Governor Adeleke, “The court did not reinstate the sacked local government chairmen and councillors. A subsisting judgement already nullified the 2022 local government elections, and we will not allow any takeover of the local governments except through a judicial pronouncement or a democratic process.”

The political turmoil in the state prompted the Nigeria Labour Congress (NLC) and the Nigerian Union of Local Government Employees (NULGE) to withdraw their services for the safety of their members.

In separate statements, NLC Chairman Christopher Arapasopo and NULGE State President Dr Nathaniel Kehinde Ogungbangbe directed the closure of all local government secretariat gates until further notice.

The crisis escalated when attempts were made to enforce the Appeal Court judgement. On Monday, an attempt by the sacked officials to resume duty at the Osun Council Secretariats resulted in violence, leading to the deaths of the sacked chairman of Irewole Local Government, Hon. Aderemi Abass, an APC ward chairman, and four others. Several others sustained injuries in the clash.

Governor Adeleke subsequently directed residents, including politicians, to stay away from local government secretariats to prevent further bloodshed and protect public property.

The APC, while mourning its fallen members, initially directed its chairmen and councillors to stay off their respective council secretariats in respect for the deceased. However, on Wednesday, the party ordered them to resume duty and immediately freeze various council accounts.

In a further development, the APC officially notified the Osun State Independent Electoral Commission (OSSIEC) of its withdrawal from the upcoming local government elections, citing that elected officers had already resumed office based on the Appeal Court judgement.

Despite the ongoing controversy, OSSIEC has vowed to conduct free, fair, and credible local government elections on 22 February 2025. The commission also warned against impersonation, stating that it would not tolerate unauthorised individuals at polling stations.

An announcement signed by OSSIEC’s Information Officer, Sadiat Isiaka, stated:

“Only media organisations and observer teams duly authorised by the commission, bearing official tags and jackets provided by OSSIEC, will be allowed access to polling units, wards, local government areas, and the Central Collation Centre during the election scheduled for Saturday, 22nd February 2025.

“Any unauthorised media personnel or observer team without an official authorisation letter, jacket, and tags will be treated as an impostor and handed over to security agents.”

The Osun State Police Command has assured residents of adequate security measures before, during, and after the upcoming local government elections. The force has pledged to prevent any further escalation of violence and ensure the safety of lives and property.

As tensions remain high, stakeholders across the political divide continue to await further legal clarifications and possible interventions from higher authorities.