The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, has advised Osun State Governor, Ademola Adeleke, to adhere to a recent Court of Appeal ruling that reinstated local government officials who were removed in 2022.
The dispute stems from local government elections held during the administration of former Governor Adegboyega Oyetola. Shortly before Adeleke assumed office, the Federal High Court in Osogbo nullified the elections, leading to the removal of the elected officials. In response, Governor Adeleke appointed caretaker committees to oversee local governance.
In a statement released on Thursday night, Fagbemi clarified the legal consequences of the Court of Appeal’s judgment and cautioned against any action that could violate constitutional provisions.
“My attention has been drawn to Governor Ademola Adeleke’s response to the Court of Appeal’s judgment delivered on February 10, 2025, in Appeal No. CA/AK/272/2022, which overturned the Federal High Court’s decision of November 25, 2022,” the AGF stated.
He explained that under Oyetola’s leadership, local government elections were conducted, and the winners were sworn into office. However, just before Adeleke took over, the Federal High Court nullified the process, resulting in their removal. Upon assuming office, Adeleke implemented the court’s decision by replacing them with caretaker committees.
The AGF further noted that the All Progressives Congress (APC) challenged this decision in the Court of Appeal, which ruled in their favor, declaring the High Court’s judgment invalid and reinstating the removed officials.
“This ruling effectively restores the previously ousted local government officials. However, attempts by these officials to resume their duties have faced resistance. As the state’s leader, Governor Adeleke is responsible for ensuring law and order,” Fagbemi emphasized.
Despite this judgment, Adeleke has maintained plans to conduct fresh local government elections on February 22, 2025. The AGF warned that such an election would be unconstitutional since the reinstated officials still have a valid tenure until October 2025.
“Any election held under these circumstances would be illegal and a direct violation of the constitution, which Governor Adeleke has sworn to uphold,” Fagbemi cautioned.
He also referenced a recent Supreme Court ruling on local government autonomy, stressing that the statutory three-year tenure must be honored.
“When a court ruling is deemed a nullity due to lack of jurisdiction, it carries no legal weight. The Court of Appeal’s judgment remains the only valid legal position, confirming the reinstatement of the elected local government officials,” he added.
Fagbemi urged Governor Adeleke to respect the rule of law and avoid actions that could lead to political unrest in the state. “Violence benefits no one. The Osun State Independent Electoral Commission (OSIEC) should reconsider its plans for a local government election at this time,” he advised.
He concluded by expressing readiness to engage in dialogue with the governor to ensure peace and stability in Osun State. “My office remains open for discussions in the interest of peace in Osun and Nigeria at large,” the AGF assured.
