February 21, (THEWILL) – Justice A. Aderigbigbe, the presiding judge of the Osun State High Court, on Friday, in Osogbo, ordered the State Independent Electoral Commission (OSSIEC), to conduct the local government election scheduled for Saturday, February 22, 2025.
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, on Thursday, declared the planned council election unconstitutional.
Noting the legal implications of the recent Court of Appeal judgement delivered on February 10, 2025, which returned the sacked local government officials, the AGF emphasised that the ruling overturned an earlier Federal High Court order that nullified the election of local government officials under former Governor, Adegboyega Oyetola.
Referencing a recent Supreme Court decision affirming local government autonomy, Fagbemi warned that any fresh election under the current circumstances would be invalid and urged the Osun State Independent Electoral Commission (OSSIEC) to halt its plans.
However, ruling in an enrolment order brought before the State High Court on Friday, by the Peoples Democratic Party (PDP) against OSSIEC and its Chairman, Hashim Abioye, Justice Aderigbigbe upheld an earlier Federal High Court order that nullified the election of local government officials under former Governor Adegboyega Oyetola.
Declaring vacancy in the 30 local government areas of the state, the court found that the election conducted by the first defendant on 15th October 2022, had been invalidated, nullified and voided.
It held that the elected officials produced by the purported election had been sacked by the Federal High Court in FHC/CS/OS/103/2022; ACTION PEOPLES PARTY (APP) VS. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & Ors, delivered on the 30th November 2022 and as confirmed by the decision of the Court of Appeal in Appeal No: CA/AK/226M/2024; ALLIED PEOPLE MOVEMENT (APM) & Ors VS. ACTION PEOPLES PARTY (APP) & ORS delivered on January 13, 2025, that vacancy exists in the political administration of local councils in the State.
Justice Aderigbigbe ordered all the security agencies, comprising the Nigeria Police, the Nigeria Army, the Department of State Security Services (DSS), the Nigeria Security and Civil Defense Corps (NSCDC), the National Drug Law Enforcement Agency (NDLEA) and other security agencies in Osun State to provide adequate security during and after the election.
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