The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, has cautioned Osun State Governor, Ademola Adeleke, against proceeding with a fresh local government election, describing the move as unconstitutional and legally untenable.

Fagbemi, in a statement on Thursday, emphasised the legal implications of the recent Court of Appeal judgment delivered on February 10, 2025, which returned the initially sacked local government officials.

The appellate court overturned an earlier Federal High Court ruling that had nullified the election of local government officials under former Governor Adegboyega Oyetola, declaring the suit incompetent and striking it out.

By implication, the ruling restored the previously removed elected officials to their offices.

The AGF while expressing concern over Adeleke’s insistence on conducting new local government elections on February 22, 2025, argued that the reinstated officials’ tenure remains valid until October 2025, rendering any attempt to replace them a direct violation of the Nigerian Constitution.

Fagbemi criticized the governor’s handling of the situation, urging him to uphold law and order rather than escalate the crisis.

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 (OSIEC) to halt its plans.

“The constitutional order that existed before the dissolution must be restored immediately since the judgment upon which the governor acted has been declared a nullity,” Fagbemi stated, emphasizing that the Court of Appeal’s decision is superior and legally binding.

He called on Adeleke to respect the rule of law, stressing that political disagreements should not lead to unnecessary conflict.

The AGF also expressed his readiness to engage with the Osun State government in dialogue to ensure a peaceful resolution to the crisis.

The Osun State Chapter of the Action Peoples Party (APP) has declared that the alleged resumption to duty, by the ousted council chairmen and councillors of the All Progressive Congress (APC) is illegal, tagging those involved as looters and imposters while urging security operatives to immediately arrest and prosecute anyone involved in such illegal and unconstitutional act.

Reacting to the news of the takeover of the local government councils by chairmen and Councillors earlier this morning, the State Chairman of the APP, Mr. Odesola Oluseye Titus dismissed the legality of such acts saying this is against the rule of law and the constitution of Nigeria.

Mr. Odesola specifically stated that the APP is in possession of a valid court judgement, in a suit filed against the Osun State Independent Electoral Commission (OSSIEC), which was delivered on November 30th, 2022 at the Federal High Court, Osogbo, in favor of the party. He recalled that the APP had challenged the 2022 election on the ground of non compliance with the 2022 electoral act as well as OSSIEC guidelines with respect to the notice of election given by the commission.

“Anyone calling themselves elected chairmen or councillors in Osun State today is an impostor. By virtue of the favorable judgement that nullified the October 2022 LG election, the seats of Chairmen and Councillors across Osun State are deemed vacant. More so, that those who appealed the judgement abandoned it and the Court of Appeal subsequently dismissed the appeal for want of prosecution.

“So those that went to the council today are looters and we as a party strongly condemn in strong terms such illegal actions. We hereby call on security agencies to immediately arrest and prosecute these impostors.” He added

On the claims by the APC Chairmen and Councillors that the Court of Appeal had upturned the decision of the Federal High Court and as such, they are to return to office, Mr. Odesola said “this is a misunderstanding of judicial procedure and rule of law. Our case against OSSIEC and by extension the conduct of the 2022 local government election and that of the PDP is two different cases. While we are aware that the Appeal court upturned the PDP case, we are also aware of the implication of the abandonment and subsequent dismissal of APC appeal against our favorable judgement.

“Ask them, did the Appeal court reinstate them? The answer is No. The appeal court merely struck out the PDP case for being speculative and thereafter declared that the court lacked jurisdiction to rule on speculative cases, the court didn’t rule on the merit of the appeal. On their prayer asking for reinstatement of the sacked Chairmen, the court declared that having determined the lack of jurisdiction, it is not interested in going into that because it is now an academic exercise.

“it is trite in law and as declared by the Supreme Court in SC/VC/478/2021 that a case on appeal become academic exercise when it would bring no benefit to any of the parties, or where there is no live issue in the claim. So where did they see their own interpretation from? To the best of our knowledge, the PDP case did not exist as a result of the Appeal court judgement in that case. But how would anyone say our own judgement has been invalidated? Who would think of such? Are we running a banana republic?

“We have presented our position to OSSIEC and we have fielded candidates to fill the vacant positions across the local governments in the upcoming elections. As a major beneficiary of the FHC judgement in suit FHC/OS/CS/103/2022, we are waiting for Saturday to contest in the election and we are prepared to win. In addition, the Inter-party Advisory Council (IPAC), under which we belong, has directed all member party to proceed with the election.” He concluded.

The Supreme Court has set March 10 for the hearing of Senator Samuel Anyanwu’s appeal contesting his ousting as the National Secretary of the People Democratic Party (PDP), as announced yesterday.

The decision was made by a five-member panel led by Justice Ibrahim Saulawa during the ruling on Anyanwu’s motion for expedited consideration.

Last December, the Court of Appeal sitting in Enugu upheld a High Court decision that sacked Samuel Anyanwu as PDP national secretary.

The lower court upheld Sunday Udeh-Okoye as the substantive national secretary of the opposition party.

In the lead judgment delivered by Justice Ridwan Abdullahi, the Court of Appeal held that Anyanwu‘s appeal was incompetent and lacking in merit.

The appellate court held that the appellant violated the PDP constitution by laying claim to the national secretary position, having contested and picked as the party’s candidate in the 2024 governorship election in Imo State.

Dissatisfied with the ruling, Anyanwu approached the apex court last month and asked the court to set aside the judgment of the two lower courts and recognise him as the authentic national secretary of the PDP.

He also filed a motion for accelerated hearing as well as an abridgment of time on grounds of the crucial role of the office of national secretary.

Delivering ruling in the motion, the Supreme Court  granted the relief sought and ordered service of the court processes on the respondent, Mr. Aniagu Emmanuel, who the court said, must file in his reply brief within three days of service.

Anyanwu, on the other hand was given two days to reply on point of law.

But the apex court did not hear Anyanwu’s motion for stay of execution of the judgment of the appellate court was not heard by the apex court.