Uncertainty Over Osun LG Election As Appeal Court Reinstates Sacked LG Chairmen

-No Court Order Stopping Conduct Of LG Election -OSSIEC Chairman

There is controversy over a judgement of the Court of Appeal reinstating the sacked local Government Chairmen elected under the administration of former Governor Gboyega Oyetola in Osun State.

A Federal High Court presided over by Justice Nathaniel Emmanuel-Ayoola, declared the October 2022 council election null and void on the ground that it contravened Sections 29 & 32 of the Electoral Act, 2022.

However, the Court of Appeal sitting in Akure on Monday, as seen in various social media posts by members of the All Progressives Congress (APC) returned the Chairmen and Councillors sacked by the court.

The post reads, “The Court of Appeal sitting in Akure has reinstated the elected Local Government officials who were previously sacked by Ademola Adeleke, and has ordered their immediate resumption of office.”

It was , however, gathered the legal dispute over the legality of the October 2022 election, and the reinstatement of the sacked chairmen may lead to the suspension of the February 22, 2025, local government election.

According to reports, the reinstatement of the Chairmen would herald their stay in office for 3 years, after which a fresh election will be held.

Election Will Hold On February 22 – OSSIEC Chairman

Reacting to the judgement, the Chairman, Osun State Independent Electoral Commission (OSSIEC), Hashim Abioye dismissed reports that the February 22 local government election will be suspended.

He also debunked claims that the appellate court has granted the reinstatement of the sacked local government officials, saying the ex-council chairmen had abandoned the substantive suit which was struck out on January 13, 2025, by the Court of Appeal.

Abioye, who argued that the appeal struck out by the latest judgement was a case filed by the Peoples Democratic Party seeking the nullification of the 2022 election before the OSSIEC Electoral Law (2022) was amended, said the APC had failed to appeal the November 30, 2022, Federal High Court, Osogbo judgement that sacked the officials.

He said, “Today the Court of Appeal struck out the suit filed by the Peoples Democratic Party (PDP) to challenge the conduct of Osun State local government election in 2022.

“The reasoning of the Appellate Court was that the suit was filed before the Notice of election was issued by the Osun State Independent Electoral Commission (OSSIEC). It must be noted that it was during the pendency of the said suit before the Federal High Court sitting in Osogbo in FHC/OS/CS/94/2022 that the Osun State Independent Electoral Commission (OSSIEC) Law 2022 was enacted and the notice of election was issued.

“The Claimant in the case amended the originating summons to bring the suit in line with the developments which occurred during the pendency of the suit. The Federal High Court delivered its judgment in the suit on the 25th November, 2022, nullifying the election and sacking the purported elected officials.

“The affected political party All Progressive Congress (APC) and their purported candidates for the election appealed the judgment, and today the Court of Appeal delivered a judgment in the appeal striking out the suit for being speculative. No more to that at the Court of Appeal.

“However, by another judgment of the Federal High Court in suit No.: APP .v. INEC & ORS, the Federal High Court in a judgment delivered on 30th November, 2022 nullified the election and sacked the purported elected officials. The All Progressive Congress (APC), Allied People Movement (APM) and 1 other person appealed the judgment but later abandoned the appeal and same was dismissed by the Court of Appeal on the 13th January, 2025.

“To this effect, there is no order returning any purported elected officials of the All Progressive Congress (APC) to office as there is no Order of any Court reinstating them to office. In particular, there is no Order of any Court stopping the conduct of the election already scheduled by the Commission to hold on 22nd February, 2025.

“In specific terms, the thirty (30) Local Government Areas in Osun State remain vacant till date as there is a substituting decision of the Federal High Court and the Court of Appeal against the All Progressive Congress (APC) and its purported candidates.

“Towards this end, I urge the public to remain calm and all political parties to go about their peaceful campaigns as we countdown to the D-day, that is 22nd February, 2025. All is set for the election to hold,” Abioye