Daud Olatunji
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, has issued a stern warning to the Governor of Osun State, Ademola Adeleke, urging him to respect the recent Court of Appeal judgment and halt plans to conduct local government elections on Saturday, February 22, 2025.
Fagbemi’s statement, issued late Thursday, highlights that the proposed elections would be unconstitutional due to a recent court ruling reinstating locally elected officials.
In his statement, Fagbemi referred to the February 10, 2025, judgment of the Court of Appeal in Akure, which reversed a previous Federal High Court ruling that had annulled the 2022 local government elections in Osun State.
According to Fagbemi, the judgment restored the elected officials who were removed from office by Governor Adeleke’s administration following his assumption of office in November 2022.
The Attorney General emphasized that the Court of Appeal’s judgment affirmed the legality of the elected local government officials and effectively extended their tenure until October 2025.
He warned that any fresh election held before that date would not only be invalid but would also represent a significant violation of the Nigerian Constitution.
“Notwithstanding the judgment of the Court of Appeal, 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,” Fagbemi stated.
“Any such election that may be held will not only be invalid but it will also amount to an egregious breach of the Constitution which Governor Adeleke has sworn to uphold.”
Fagbemi also referenced a recent Supreme Court ruling that reinforced the autonomy of local governments in Nigeria, further stressing the need for a lawful and peaceful transition of power in the local councils. He pointed out that the elected officials must be allowed to serve their constitutional three-year tenure.
The controversy began after the 2022 local government elections under former Governor Adegboyega Oyetola’s administration, which were annulled by the Federal High Court in Osogbo just days before Adeleke’s inauguration.
Following the ruling, Adeleke removed the elected officials and replaced them with caretaker committees, a move that set the stage for the legal battle.
The All Progressives Congress (APC), which had contested the initial judgment, appealed the decision, resulting in the Court of Appeal’s ruling in February 2025.
In the statement, Fagbemi outlined the legal trajectory that led to the judgment, which affirmed the restoration of the democratically elected officials.
“The judgment of the Court of Appeal not only allowed the appeal filed by the APC but also held affirmatively that the suit which led to the Federal High Court’s judgment was incompetent,” Fagbemi explained.
“Accordingly, the judgment of the Court of Appeal has, by implication, effectively restored the elected local government officials back to their offices.”
Fagbemi clarified that the unrest surrounding the reinstatement of the officials was sparked by resistance from “disgruntled elements,” and he urged Governor Adeleke to act responsibly and maintain law and order.
“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 the Osun State Independent Electoral Commission (OSIEC) to shelve the idea of proceeding with any local government election now,” Fagbemi stated, calling for peaceful resolution and adherence to the rule of law.
Fagbemi also expressed his readiness for dialogue with the governor to ensure a peaceful resolution to the ongoing situation, emphasizing the importance of legal compliance and avoiding actions that could lead to further unrest.
“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,” he concluded.
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