Legal angles, Court judgements behind Osun Crisis

By, Ayoofe Aiyedatiwa

Following Osun state the judgment of the Court of Appeal, Akure Division, delivered on February 10 2025, there appears to be a deliberate attempt by desperate political elements in Osun State to cause a constitutional crisis and breakdown of law and order in the state. I have taken my time to read through all the judgments and the legal framework culminating to the uproar and I am convinced that setting the record straight on the true position of law is more imperative than ever.

The brief facts are that sometime in 2022, the Peoples Democratic Party (“PDP”) filed a lawsuit against the Osun State Independent Electoral Commission (“OSIEC”) and others (including the All Progressives Congress APC, joined as interested party) at the Federal High Court sitting in Osogbo, essentially challenging the conduct of the proposed (yet to be conducted) Local Government Council elections over non-compliance with mandatory provisions of the Electoral Act 2022. In a judgment delivered on November 25 2022, the Court granted all the reliefs sought by PDP and made a consequential order nullifying the Local Government elections conducted by OSIEC on October 15 2022 and directed all Local Government executives so elected to vacate office.

Dissatisfied by the judgment, the APC and others filed an amended Notice of Appeal before the Court of Appeal sitting in Akure essentially alleging that the Federal High Court lacked jurisdiction to have entertained the matter and that the lower court erred gravely in law in its judgment, particularly in making a consequential order nullifying the already conducted election (a prayer not sought for by PDP). In a landmark decision delivered on February 10 2025, the Court of Appeal agreed with APC and upturned the erroneous judgment of the Federal High Court specifically on the basis that there is no valid originating process filed by the PDP to have conferred jurisdiction on the FHC. Consequently, the Court of Appeal struck out the Suit at the FHC for its “incompetence” and allowed the appeal filed by the APC.

Following the Court of Appeal decision, a former Governor of Osun State and chieftain of the APC, Adegboyega Oyetola, under whose watch the October 15 2022 local government election was conducted, urged security agencies in Osun State to take action and ensure that local government officials elected on October 15 2022 resume their duty post as soon as possible. In a meeting with the earlier sacked chairmen and councilors, the ex-Governor assured them that they would return to their offices. This development has caused tension and agitation in the state, considering that another local government council election is billed to be conducted on February 22 2025.