The Attorney General of the Federation and Minister of Justice, Lateef O. Fagbemi, SAN has described the continuing disaster in Osun State over the Appeal Court judgement on native authorities election as public outcry by the federal government of governor Ademola Adeleke.
Fagbemi disclosed this in a 14-point launch signed on Thursday, advising Adeleke to not conduct the native authorities election scheduled for Saturday twenty second February, 2025.
The assertion learn in full: “My consideration has been drawn to the PUBLIC OUTCRY OF Osun State Governor, Ademola Adeleke regarding the judgment of the Court of Appeal, Akure division delivered on tenth day of February, 2025 in Appeal No CA/AK/272/2022 which nullified and put aside the judgement of the Federal High Court, Osogbo, Osun State, delivered on twenty fifth day of November, 2022.
• It has grow to be essential to subject this public discover to take away doubts, fears, and uncertainties created by misrepresentations and disinformation regarding the authorized impact of the judgement of the Court of Appeal.
• Putting issues in correct context, the occasion that led to the 2 judgements was that throughout the foreign money of the time period of the previous Governor of Osun State, Adegboyega Oyetola, election was held into all of the native governments of Osun State and winners had been sworn in.
• However, a couple of days earlier than the swearing in of Governor Adeleke, the Federal High Court Osogbo delivered the judgement referred to above during which it nullified the election of the Local Government elected officers and eliminated them from workplace.
As quickly as Governor Adeleke assumed workplace a couple of days after the judgement, he issued govt order for the bodily removing of the elected officers and changed them with caretaker appointees.
• Meanwhile, the APC that was a celebration within the Federal High Court case referred to above appealed towards the judgement. The Court of Appeal, ultimately, on tenth day of February, 2025 delivered its judgement within the attraction filed by APC towards the judgement of the Federal High Court.
The Court of Appeal not solely allowed the attraction, it additionally held affirmatively that the go well with that resulted within the judgement of the Federal High Court referred to above was incompetent and consequently made an order putting out the go well with.
• Accordingly, the judgement of the Court of Appeal had by implication successfully restored the elected Local Government officers eliminated by the Federal High Court, again to their workplaces.
• According to the details made accessible to my workplace, it was the try by the stated elected officers to renew again of their positions that was resisted by some disgruntled parts which led to the disaster.
His Excellency, the Governor of Osun State, Ademola Nurudeen Jackson Adeleke is little doubt conscious of this situation and ought, as a pacesetter to have known as the disgruntled parts to order in accordance along with his Oath of Office to take care of legislation and order in Osun State.
• Notwithstanding the judgment of the Court of Appeal referenced above, which in impact signifies that the time period of workplace of the elected officers has regained foreign money and can naturally run out in October, 2025, His Excellency has insisted {that a} new Local Government election shall be held on Saturday, twenty second February, 2025.
• Any such election which may be held won’t solely be invalid for the reason that time period of workplace of the elected officers simply restored by the judgement of the Court of Appeal will nonetheless be operating till October 2025, it can additionally quantity to an egregious breach of the Constitution which Governor Adeleke has sworn to uphold.
Again, the current judgement of the Supreme Court which has validated and entrenched Local Government autonomy additionally strengthens the duty on Governor Adeleke to make sure easy, non-violent transition from one elected officers to a different in accordance with the statutorily prescribed 3 yr tenure.
• For avoidance of doubt, when proceedings and choices of court docket are declared a nullity for lack of jurisdiction, it means they don’t exist and don’t have any impact in any way.
• It is my opinion that the Court of Appeal Judgment of tenth February, 2025 which is superior to any High Court resolution, defines the authorized place on this case and represents the one legally enforceable judgment and has the authorized impact of returning the initially sacked Local Government democratically elected officers of Osun State.
• The constitutional order which existed earlier than the dissolution should be restored instantly for the reason that judgment upon which the Governor acted to dissolve the democratically elected authorities has been declared a nullity for lack of jurisdiction of the Court to have heard the case and made these orders.
• I’ll attraction to His Excellency, Governor Adeleke to toe the trail of legislation on this matter and never instigate pointless violence in Osun State.
Nobody advantages from violence. It is, subsequently, of utmost significance for Governor Adeleke to recommendation Osun State Independent Electoral Commission (OSIEC) to shelve the thought of continuing with any Local Government Election now.
• My workplace might be comfortable to be accessible for any dialogue His Excellency might require on this matter within the curiosity of the peace of Osun State specifically and Nigeria usually.
Meanwhile, the Osun State Governor, Senator Ademola Adeleke has replied the Attorney-General of the Federation and Justice Minister, Prince Lateef Fagbemi, over his recommendation on the upcoming Saturday council election.
Adeleke in his response to the AGF assertion via his Special Adviser on Legal Matters, Nurudeen Kareem, reminded Fagbemi of APP v. APC case, on the October 15, 2022 council election.
Adeleke stated “We lengthen our gratitude to the Honourable Attorney-General of the Federation and Justice Minister, Prince Lateef Fagbemi, SAN, for his priceless insights concerning the judgment within the PDP versus APC case regarding the 2022 Osun native authorities election.
“While we respect the AGF’s stance on the PDP’s go well with, we imagine it’s important to spotlight the continuing relevance of the APP v. APC case, notably given the Federal High Court’s resolution in FHC/OS/CS/103/2022, which was subsequently upheld by the Court of Appeal on January 13, 2025.
“It is our agency perception that the judgment rendered by the Federal High Court in FHC/OS/CS/103/2022 on November 30, 2022, stays extant, subsisting and binding till overturned by a better court docket with applicable jurisdiction. This precept is effectively established in authorized precedents, together with the Supreme Court resolution within the case of WADA v. BELLO (2016) 17 NWLR PT 1542 433, which affirms that judgments should be adhered to by all courts whether or not under or above the Court that made the order within the hierarchy of courts.
“Given the importance of this judgment for the integrity of our electoral processes, we respectfully urge the AGF to offer readability on this matter. The residents of Osun and the broader Nigerian populace eagerly await his knowledgeable opinion, which we imagine will contribute to a deeper understanding of the authorized panorama surrounding these elections.
“Thank you to your consideration to this urgent subject.