APC To PDP: Stop Misleading Osun People, Our Appeal Pending In Court

The Osun State Chapter of the All Progressives Congress (APC) has disclosed that the case filed by Chairmen who won the Yes or No Local Government election in the state at the Court of Appeal in Akure is still pending before the court.

The main opposition APC said, as against what the ruling People’s Democratic Party (PDP) was saying that the matter has been dismissed; the court only declined jurisdiction.

The party also said PDP’s claim that the court awarded one million naira against the counsel to the plaintiffs for misconduct was unfounded.

According to the APC in a statement by the Director of Media and Information of Osun APC, Chief Kola Olabisi, the plaintiffs who were sacked by the present administration have a right to remain in their respective offices pending the final determination of their Appeal.

“Simple tradition is when a court delivers a judgment, the exercise of rights extends beyond such a trial court until the final determination,” the statement noted.

The statement added, “We shall not hesitate to continue to educate the rumour peddlers that the reliefs we sought, among others are, in view of Section 138(1) of the Electoral Act, 2022 which is a completely new section introduced into the 2022 Electoral Act, the plaintiffs have a right to remain in their respective offices pending the final determination of their Appeal No. CA/AK/270/2022, between the APC & 3 Ors v. the PDP & 3 Ors which is still pending at the Court of Appeal, Akure Division, Ondo State.

“Whether by the effect of this section, the steps being taken then by the PDP-controlled government to appoint caretakers for the Local Government Councils in Osun State while Appeal No. CA/AK/270/2022, between the APC & 3 Ors v. the PDP & 3 Ors is still pending in the Court of Appeal, Akure Division, is not in contravention of the rights conferred on the plaintiffs by virtue of the said Section 138(1)?

“Thus, if the court resolves same in favour of the plaintiffs, the emoluments of the plaintiffs be directed to be paid.

“This section directs that where elections are nullified pursuant to the provisions of the Electoral Act, 2022, the elected persons whose elections were nullified shall remain in office pending the time their appeal will be finally determined if they appeal.

“The elections were on 15th October, 2022 nullified pursuant to Sections 24, 79, 150 of the same Electoral Act, 2022, and an appeal was filed and being prosecuted till date.

“It was the APC and others that appealed in the Appeal case No. CA/AK/270/2022 and the plaintiffs in this suit were the elected officers who sought to seek succour under the law.

“The reliefs were never sought by any suit before and the OSSIEC was never a party in the suit. This is a new Section of the Act which had never been tested before any court of law.

However, the court declined jurisdiction and, at the same time, held that the same was an abuse of the court process.

“The Court awarded costs of N200,000.00K against the plaintiffs and also awarded the cost of one million naira against the counsel to the plaintiffs after it had declined jurisdiction over the matter. The rumour that the costs were awarded against the counsel for misconduct is unfounded.

“Simple tradition is when a court delivers a judgment, exercise of rights extend beyond such a trial court until the final determination.”