Justice minister Lateef Fagbemi has advised Governor Ademola Adeleke to suspend Saturday’s council polls.
According to a statement on Thursday, Mr Fagbemi stated this in reaction to the deadly clash between the Peoples Democratic Party and the All Progressives Congress.
Mr Adeleke had expressed sadness over the killing of five PDP members, including a former LG chair, during the violent clash as the APC moved to reinstate the LG chairpersons removed in 2022 by a court order. After the botched reinstatement, APC announced its withdrawal from the polls.
Mr Fagbemi faulted the Osun governor’s decision to go on with the election. The attorney general of the federation explained that the court had already set aside the order the governor relied on to sack the elected council chairpersons.
The AGF also cited the February 10, 2025, Appeal Court judgment of the Akure division in Appeal No CA/AK/272/2022, which nullified and set aside the judgment of the Federal High Court, Osogbo Division, delivered on November 25, 2022.
“The Court of Appeal not only allowed the appeal, it also held affirmatively that the suit that resulted in the judgement of the Federal High Court referred to above was incompetent and consequently made an order striking out the suit,” Mr Fagbemi argued.
“Accordingly, the judgement 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,” added the justice minister, “it was the attempt by the said elected officials to resume back in their positions that was resisted by some disgruntled elements which led to the crisis.”
Mr Fagbemi said, “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.
“Notwithstanding the judgment of the Court of Appeal referenced above, which in effect means that the term of office of the elected officials has regained currency and will naturally run out in October 2025, His Excellency has insisted that a new local government election shall be held on Saturday, 22nd February 2025.”
The justice minister pointed out that 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.
“It will also amount to an egregious breach of the Constitution, which Governor Adeleke has sworn to uphold,” Mr Fagbemi reasoned.
“Again,” he stated, “the recent judgement of the Supreme Court, which has validated and entrenched local government autonomy, also strengthens the obligation on Governor Adeleke to ensure smooth, non-violent transition from one elected official to another in accordance with the statutorily prescribed three-year tenure.”
