In wanton disregard for the rule of law, and a valid and subsisting judgment of the Court of Appeal, Governor Ademola Adeleke of Osun state conducted what he purported to be a Local Government election in the state on Saturday, February 22, 2025.
The All Progressives Congress National Publicity Secretary Felix Morka, in a statement issued in Abuja on Sunday said the peaceful atmosphere in Osun State had been violently disrupted by Governor Adeleke’s and his Peoples Democratic Party’s stubborn refusal to respect the judgment of the Court of Appeal handed down on February 10, 2025, which effectively reinstated elected local government officials that were sacked by Governor Adeleke’s executive order pursuant to a judgment of a Federal High Court of November 25, 2022, which nullified the election that brought the local government officials into office.
To be clear, in its judgment, the Court of Appeal allowed the appeal of the All Progressives Congress (APC) against the judgment of the Federal High Court and held that the suit was incompetent and was struck out, accordingly. In effect, the Court of Appeal nullified the judgment of the Federal High Court and reinstated the sacked local government officials until the expiration of their term of office in October 2025. That is the valid, subsisting and binding legal position on the matter.
Following the sack of the local government officials in 2022, Governor Adeleke appointed illegal and unconstitutional “caretaker committees” to run the affairs of local government councils in the state in egregious violation of Section 7(1) of the Constitution of the Federal Republic of Nigeria, which stipulates that “the system of local government by democratically elected local government councils is under this Constitution guaranteed”.
It must be emphasized the APC exercised utmost respect for the adverse decision of the Federal High Court and demonstrated mature restraint in the face of Governor Adeleke’s illegal and unconstitutional appointment of caretaker committees in the state while it diligently pursued its appeal against the decision of the Federal High Court that has now been nullified by the Court of Appeal. The APC did not resort to violence or self help in the matter but submitted to the rule of law and the authority of the courts.
Why is it so difficult for Governor Adeleke, who swore an oath to uphold and defend the Constitution, to abide by a valid order of the Court of Appeal reinstating the sacked local government officials? Why is the Governor and his PDP vehement on taking matters into their own hands in disregard of a valid judgement of the Court of Appeal? Why is Governor Adeleke so desperate and determined to incite anarchy in Osun state with impunity? And why is the Governor so unaffected by the already tragic loss of lives of innocent citizens of the state in reckless breach of his duty to protect lives and property of all citizens in the state?
The purported last Saturday’s fresh election conducted by Governor Adeleke and his PDP is nothing but a disgraceful sham, illegal, unconstitutional and violently contemptuous of the valid and subsisting judgment of the Court of Appeal, and of no effect whatsoever. The exercise was a reckless waste of public funds, and an irresponsible incitement to further violence in an already volatile atmosphere in the state.
Governor Adeleke is under constitutional responsibility to respect and uphold the laws of our land, including giving effect to binding court judgments notwithstanding his personal or partisan political wishes or preferences. As he was quick to issue an executive order sacking the local government officials based on the Federal High Court judgment of 2022, Governor Adeleke is under clear constitutional obligation to similarly comply with the Court of Appeal judgment reinstating the same officials. The sensible and democratic remedy available to Governor Adeleke is to exercise his government’s right to appeal to the Supreme Court in the matter.
Governor Adeleke bears a solemn duty to protect the lives and property of all citizens of Osun state irrespective of political difference.
We urge Governor Adeleke to immediately end his illegal and anti-democratic push for fresh local government election, and abide by the valid judgment of the Court of Appeal in the matter.
Breaking news reports of the purported swearing in of “newly elected” local government officials by Governor Adeleke constitutes needless political provocation and a clear renewed threat to the peace and safety of lives in the state.
We enjoin local government workers in Osun state to go about their duties peacefully and in line with the authority of the judicially reinstated chairmen and councillors. Further, we call on the Police and other security agencies to remain vigilant and prevent further breakdown of law and order in the state as may arise from Governor Adeleke’s illegal and reckless actions.
In keeping with the rule of law, it is our expectation that the Federal Government will make federal allocation for local governments available only to democratically elected and judicially certified local government officials in Osun state.
The people of Osun state deserve to live in peace and security. Governor Adeleke must quit his political infantilism, and uphold peace constitutional order in the state.
