The Osun State Government and the All Progressives Congress have disagreed over the interpretation of the ruling of the Court of Appeal sitting in Akure, the Ondo State capital, on Monday on the 2022 local government election conducted in the state.
While the state said the court did not reinstate the APC local government chairmen and councillors, the party argued otherwise.
Kolapo Alimi, the Osun State Commissioner for Information and Public Enlightenment, explained in a statement that the dismissed case was the Peoples Democratic Party’s summons challenging the validity of the October 15, 2022 election.
Alimi said: “The originating summons filed by the PDP was dismissed because the notice of election had not been published by Osun State Independent Electoral Commission (OSSIEC) before the suit was filed.
“The implication of today’s judgment is that the PDP never legally challenged the validity of that election.”
However, Alimi noted that another suit: Suit No. FHC/OS/CS/103/22, was filed at the Federal High Court, Osogbo, the Osun State capital, by the Action Peoples Party.
The APP’s suit challenged the validity of the same election, leading to its nullification by the court.
He said: “The court made the following clear and consequential orders.
“The October 15, 2022 local government election, held pursuant to the August 15, 2022 notice, is unconstitutional, invalid, null, and void due to legal violations.
“All individuals occupying local government offices due to that election are hereby removed.
“Sections 25 and 26 of the Osun State Independent Electoral Commission Law 2022 are struck down for contradicting the Constitution and Electoral Act 2022.”
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Alimi stated that the Federal High Court ruling, delivered by Justice N. Ayo Emmanuel on November 30, 2022, was appealed under Appeal No. CA/AK/226M/2024.
The Court of Appeal upheld the Federal High Court’s judgment in its ruling on January 13, 2025.
According to Alimi, this remains the only valid and subsisting judgment on the Osun State 2022 local government election.
He urged security agencies to arrest and prosecute anyone attempting to disrupt the state’s peace based on the Court of Appeal ruling on Monday.
Alimi added that barring unforeseen circumstances, the local government election scheduled for February 22, 2025 would proceed as planned.
Reacting to the judgment, Chief Adegoke Ogunsola, Osun State APC Legal Adviser, accused OSSIEC Chairman, Hashim Abioye, and the PDP-led government of misrepresenting the court’s decision.
In a statement, Ogunsola claimed OSSIEC and the state government deliberately misinterpreted the Court of Appeal’s ruling.
He argued that the judgment explicitly reinstated the wrongly sacked APC local government chairmen and councillors.
He said: “This is false.
“The Court of Appeal, in clear terms, nullified the Federal High Court’s decision that had wrongly removed the elected officials from office.
“With this ruling, the APC chairmen and councillors elected in 2022 remain in office, and their tenure has not expired.
“Given this, no local government election can be conducted by OSSIEC in February.”
Also, Tajudeen Lawal, Osun State APC Chairman, through a statement by the party’s State Director of Media, Kola Olabisi, praised the judgment reinstating APC officials.
Lawal said: “We congratulate all reinstated council chairmen and councillors on this judicial victory.
“We also rejoice with the good people of Osun for their resilience and support during this difficult period.
“This is a victory for all.”
NAN reports that APC local government officers, elected on October 15, 2022 through a “yes or no” referendum, were removed by Governor Ademola Adeleke upon assuming office.
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