Governor Ademola Adeleke of Osun said that contrary to the interpretation in some quarters, the Court of Appeal has not reinstated the sacked local government chairmen and councillors in the state.
Adeleke made the clarification while addressing a news conference on Sunday in Osogbo.
The governor explained that the Monday’s judgment of the Court of Appeal, Akure, was in a case filed by the opposition All Progressives Congress against an earlier verdict of the Federal High Court, Osogbo, over the 2022 local government election.
He insisted that the council chairmen and councillors were sacked by the Federal High Court in Osogbo in two separate judgments.
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“Let me make it clear that the said council chairmen were sacked before I was sworn in as governor,” he disclosed.
The, governor, however, said that the Court of Appeal judgment did not in anyway order the reinstatement of the sacked chairmen and councillors.
“The general public is aware that there were two separate Federal High Court judgments on the local government election of 2022.
“The first judgment was on the suit filed by the Peoples Democratic Party (PDP) which sacked the product of the 2022 polls.
“The second judgment was in the suit filed by the Action People Party (APP), which also sacked the chairmen and councillors produced by the said 2022 Osun Local Government polls.
“The APC appeal against the judgment obtained by the PDP was partially successful.
“The said judgment was struck out based on the timing of filing, having been filed before the notice of election was published.
“It needs to be emphasised that the judgment contains no consequential order(s).
“The APC in its amended notice of appeal, asked the Court of Appeal to reinstate the sacked chairmen and councillors, but the Court of Appeal in its wisdom said it has become an academic exercise.
“The request for the reinstatement of the chairmen and councillors was not granted.
“However, the appeal by the APC against the APP judgment did not succeed at the Court of Appeal, which makes the judgment still subsisting and alive.
“The Court of Appeal dismissed the APC appeal against the judgment obtained by the APP.
“The only legal recourse open to the APC is to appeal the APP judgment and the subsequent rulings of the Court of Appeal to the Supreme Court,” the governor stated.
He said that the Certified True Copies of both judgments had been given to the Commissioner of Police, the State Director of the Department State Security and the state Commandant of the Nigeria Security and Civil Defence Corps.
The governor alleged that there was a deliberate plot by the opposition to create chaos and anarchy through the enforcement of “a non-existing court judgment on our local government.”
Adeleke appealed to President Bola Tinubu to intervene in the matter before it leads to bloodshed.
“Let me affirm that I know Mr President to be a true democrat, a lover of rule of law, and a believer in the sanctity of the judicial process.
“I know, as a matter of fact, that Mr President will never authorise a dictatorial violation of the constitution irrespective of who is involved.
“It is crucial to add that Mr President will never support any action that is capable of generating bloodbath and bloodshed,” he said.
Adeleke also alleged that some political leaders in the state had instructed the security agencies to effect a “non existent judgment” by forcefully taking over all the local government secretariats on Monday.
“I want to place on notice the Nigerian public, and our friends in the diplomatic community and the lovers of democracy and rule of law that our people will not accept any attempt to impose illegality and anarchy on us.
“We will not allow any takeover of the local government except through a judicial pronouncement or a democratic process.
“We vehemently reject any ploy to deploy a non-existing court order to achieve local political power.
“I, therefore, appeal to Mr President who is a renown democrat, to insist on the rule of law, by instructing the Inspector-General of Police, the Director-General of DSS, and the Commandant General of the Nigeria Security and Civil Defence Corps not to obey an illegal order.
“The Osun State security chiefs should also be called to order,” he said.
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