The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, has urged Osun State Governor, Ademola Adeleke, to halt the planned local government elections scheduled for February 22, 2025. This comes after a Court of Appeal ruling in Akure reinstated elected local government officials who were previously removed from office in 2022.
The dispute dates back to the tenure of former Osun State Governor Adegboyega Oyetola, during which local government elections were held, and officials were sworn in. However, just days before Adeleke took office, the Federal High Court in Osogbo nullified the election results, leading Adeleke to remove the officials and appoint caretaker committees instead.
In a statement released on Thursday night, Fagbemi addressed concerns raised by Governor Adeleke regarding the appellate court’s decision. He noted that the ruling had effectively reinstated the sacked local government officials, making any attempt to conduct new elections unconstitutional.
“My attention has been drawn to the public outcry of Osun State Governor, Ademola Adeleke concerning the judgment of the Court of Appeal, Akure division delivered on the 10th day of February 2025 in Appeal No CA/AK/272/2022 which nullified and set aside the judgment of the Federal High Court, Osogbo, Osun State, delivered on 25th day of November 2022,” Fagbemi stated.
He further explained that the legal effect of the Court of Appeal’s ruling invalidated the previous Federal High Court judgment and restored the previously elected officials to their positions. He noted that Adeleke, as the state’s leader, should have ensured a peaceful transition instead of allowing resistance against the reinstated officials.
“Accordingly, the judgment of the Court of Appeal had by implication effectively restored the elected Local Government officials removed by the Federal High Court, back to their offices. According to the facts made available to my office, it was the attempt by the said elected officials to resume back in their positions that was resisted by some disgruntled elements that led to the crisis. His Excellency, the Governor of Osun State, Ademola Nurudeen Jackson Adeleke is no doubt aware of this scenario and ought, as a leader, to have called the disgruntled elements to order in accordance with his Oath of Office to maintain law and order in Osun State,” Fagbemi added.
Despite the ruling, Governor Adeleke has continued preparations for new elections, a move Fagbemi strongly warned against. He pointed out that the reinstated officials’ tenure legally extends until October 2025, making any fresh election before then both illegal and a violation of the Constitution.
“Any such election that may be held will not only be invalid since the term of office of the elected officials just restored by the judgment of the Court of Appeal will still be running until October 2025, but it will also amount to an egregious breach of the Constitution which Governor Adeleke has sworn to uphold,” he noted.
Fagbemi also referenced a recent Supreme Court ruling that reaffirmed local government autonomy, stressing that Adeleke must respect the statutory three-year tenure of elected officials. He noted that any decision to ignore the ruling could lead to unnecessary unrest in Osun State.
“I will appeal to His Excellency, Governor Adeleke to toe the path of law in this matter and not instigate unnecessary violence in Osun State. Nobody benefits from violence. It is, therefore, of utmost importance for Governor Adeleke to advise Osun State Independent Electoral Commission (OSIEC) to shelve the idea of proceeding with any Local Government Election now,” he warned.
The Attorney General reaffirmed that the Court of Appeal’s decision is legally binding and nullifies any previous rulings by the Federal High Court on the matter. He further expressed his willingness to engage in discussions with Adeleke to ensure peace and stability in the state.
“My office will be happy to be available for any dialogue His Excellency may require on this matter in the interest of the peace of Osun State in particular and Nigeria in general,” Fagbemi concluded.
