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By, Afolabi Odeyemi
Two prominent political parties in Nigeria, Peoples Democratic Party (PDP) and the opposition All Progressives Congress (APC) are using instrument of law in battle for the control of local governments.
It would be recalled that on October 16, 2022, after his defeat in the July 16 governorship election, the then Governor of the state, Alhaji Adegboyega Oyetola who is the current Minister of Marine and Blue Economy conducted local government election.
PDP boycotted that election and all candidates of APC were returned elected. PDP ran to court and the Federal High Court in Osogbo on November 25, 2022 nullified the election.
The chairmen and councillors elected on the platform of the APC vacated the office and ran to the Appeal Court, Akure in Ondo State.
Thereafter, the new Governor, Senator Ademola Adeleke appointed PDP members as Caretaker Committee chairmen in all the local government councils in the state.
Shortly thereafter, when the Supreme Court delivered its judgement on local government autonomy in the case between the federal and state governments, Adeleke dissolved the local government caretaker committees and set machineries in place for the conduct of local government election.
The Osun State Independent Electoral Commission (OSIEC) announced the commencement of the process and parties submitted their nominations.
Campaign was ongoing and parties, including APC were warming up for the election until February 10, 2025 when Appeal of Court delivered its judgement on the appeal filed by APC sacked chairmen and councillors.
In the ruling, the appellate court upturned the decision of the Federal High Court and allowed the appeal of the appellants.
But the state government said the reinstated the chairmen and councillors could not resume duty due to another subsisting judgement of the Federal High Court, Osogbo in a suit filed by the Action People Party (APP), which also sacked the chairmen and councillors.
Though, the APC and the sacked chairmen and councilors did not appeal the High Court judgement in the APP case, another party, APM filed the appeal but abandoned it and the Appeal Court dismissed the case since the appellants, APC did not follow it up.
The state government said with the dismissal of that appeal of APM, the judgement of the Federal High Court on the APP subsists and it is binding on all parties.
The governor, his Commissioners for Justice, Barrister Jimi Baba and his information counterpart, Barrister Kolapo Alimi at a press conference said the appeal court did not make consequential order returning the sacked chairmen and councillors and vowed to prevent them from coming back on the ground of the High Court subsisting ruling in the APP suit.
Last week, the reinstated chairmen and councillors turned deaf hear to government position and proceeded to the local government council secretariats to implement the judgement they got from the Appeal Court.
The PDP members did not allow the chairmen and councillors to enter the local government council secretariats and this led to bloody clash penultimate Monday. In Irewole Local Government, Ikire, the chairman, Remi Abass was killed while five PDP members were also killed. Many people sustained serious injury and there was tension across the state even as the state government insisted on going ahead with the election.
The federal government through the Attorney General and Minister of Justice, Lateef Fagbemi, SAN, kicked against the conduct of LG election in the state, saying by virtue of the Appellate Court judgement, there is no vacancy in the LGs. The police also advised the government against going ahead with the polls but the state government ignored the police advisory.
