The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, has called on Osun State Governor, Ademola Adeleke, to comply with a recent Court of Appeal ruling that reinstated local government officials who were removed in 2022.
The legal dispute traces back to the 2022 local government elections conducted under former Governor Adegboyega Oyetola’s administration. Just before Adeleke assumed office, the Federal High Court in Osogbo nullified the elections, leading to the removal of elected officials.
Adeleke subsequently appointed caretaker committees in their place.
However, in a statement issued on Thursday night, Fagbemi clarified the legal implications of the Court of Appeal’s judgment and advised Adeleke against actions that might violate the constitution.
“My attention has been drawn to Governor Ademola Adeleke’s reaction to the Court of Appeal judgment delivered on February 10, 2025, in Appeal No. CA/AK/272/2022, which overturned the Federal High Court’s ruling of November 25, 2022,” the AGF stated.
He explained that during Oyetola’s tenure, local government elections were conducted, and winners were duly sworn in. However, just days before Adeleke’s inauguration, the Federal High Court nullified the elections, leading to the removal of the elected officials. Upon assuming office, Adeleke enforced the ruling by replacing them with caretaker committees.
The AGF further noted that the All Progressives Congress (APC) challenged the decision at the Court of Appeal, which ultimately ruled in their favor, declaring the High Court’s judgment incompetent and restoring the removed officials.
“By implication, the Court of Appeal’s ruling reinstates the previously removed local government officials. Unfortunately, attempts by these officials to resume office have met resistance from certain elements. Governor Adeleke, as the state’s leader, has a duty to maintain law and order,” Fagbemi emphasized.
Despite the judgment, Adeleke has insisted on conducting fresh local government elections on February 22, 2025. The AGF warned that such a move would be unconstitutional since the reinstated officials’ tenure remains valid until October 2025.
“Any election conducted under these circumstances will be invalid and a blatant violation of the constitution, which Governor Adeleke has sworn to uphold,” Fagbemi cautioned.
Referencing a recent Supreme Court ruling on local government autonomy, the AGF stressed that the governor must ensure a lawful transition in line with the statutory three-year tenure.
He further asserted that when a court ruling is declared a nullity due to lack of jurisdiction, it holds no legal effect. “The Court of Appeal’s judgment stands as the only legally binding decision, effectively reinstating the democratically elected local government officials,” he stated.
Fagbemi urged Adeleke to respect the rule of law and avoid actions that could lead to unrest in the state. “No one benefits from violence. It is crucial that the Osun State Independent Electoral Commission (OSIEC) shelves its plans for a local government election at this time.”
He concluded by expressing willingness to engage in discussions with the governor to ensure peace and stability in Osun State. “My office remains open for dialogue in the interest of peace in Osun and Nigeria as a whole,” the AGF assured.
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