By Omoniyi Salaudeen
The Osun State local government imbroglio arising from the Court of Appeal’s judgment that declared the disillusion of elected council chairmen and councilors illegal has taken a befuddling dimension. Defiant to the advice of the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, urging compliance with the apex court’s ruling, the state government indignantly went ahead to conduct another election that would usher in a new administration. On the other hand, the reinstated APC council chairmen and councilors, who had taken control of local government secretariats, declared that there is no vacancy.
While the populace helplessly watched the confusing scenario, another intriguing legal tussle was unravelled.
At the eleventh hour of Friday, Osun State High Court sitting in Ilesha ordered the state Independent National Electoral Commission to conduct another election for the vacant positions of local government chairmen and councillors in all the 30 local government areas.
The order followed a suit brought before it by the ruling Peoples Democratic Party in the state.
All this is without consideration of the political and social consequences of the near state of anomie foisted on the people by the contending forces.
With the looming anarchy, Osun State may have offered itself as a litmus test for the Supreme Court judgment which had divested state governors of the power to sack local government elected officials.
To be clear, the current crisis dates back to November 27, 2022, when Governor Ademola Adeleke of the People Democratic Party (PDP) took over the reign of power from his predecessor, Gboyega Oyetola, who lost his re-election bid on the platform of the APC in the July 16, 2022 gubernatorial election.
Before the inauguration of the new administration, the PDP had filed a suit at the Federal High Court, Osogbo, challenging the Osun State Independent Electoral Commission (OSIEC) and others, including the All Progressives Congress (APC) on the planned conduct of Local Government Council elections for non-compliance with the Electoral Act 2022. Following the judgment of the High delivered by Justice Nathaniel Ayo-Emmanuel on November 25 2022 which voided the election, the state government dissolved the council administration.
The February 10 counter-ruling of the Court of Appeal judgment thus set the stage for the imbroglio that culminated in the gruesome murder of the Chairman of Irewole Local Government, Ikire, Remi Abbas, and five other victims.
As the controversy continues to trail the legitimacy of the tenure of the reinstated chairmen and councilors, Osun State political gladiators must have resolved to test the enforceability of the Supreme Court’s judgment barring state governors from dissolving democratically elected chairmen and councilors.
Already, the Federal Government through the AGF has urged the Osun State Governor Adeleke to direct the Osun State Independent Electoral Commission to call off the planned local government election in the state in deference to the subsisting ruling of the Appeal Court.
In a statement released in Abuja on Thursday, Fagbemi warned that conducting a new local government council election would not only be invalid but would also amount to a breach of the Constitution since the tenure of the purportedly sacked council chairmen is still running according to the order of the Appeal Court, Akure Division.
While the AGF insisted that “the judgment of the Court of Appeal has, by implication, effectively restored the elected local government officials removed by the Federal High Court, back to their offices,” the state government remained resolute on its stand to constitute a new administration to man the local council.
“Any such election that may be held will not only be invalid since the term of office of the elected officials just restored by the judgment of the Court of Appeal will still be running until October 2025, it will also amount to an egregious breach of the Constitution which Governor Adeleke has sworn to uphold,” Fagbemi posited.
Governor Adeleke, in an intriguing twist of the matter, reminded Fagbemi of the ongoing legal tussle between APP and APC on October 15, 2022, declaring that “the election is going to hold, and the outcome will bring fast-tracked development at the local level.”
Now, the questions are: What is the way out of the looming confusion? What will be the fate of reinstated chairmen and councillors after the emergence of new democratically elected officers?
Some legal practitioners, who spoke with Sunday Sun, advised the parties involved to uphold the supremacy of the Constitution as the grundnorm.
Prof Tayo Bello, expressing concern over the matter, warned that the Osun local government crisis could truncate the current democracy, if not properly managed.
In a telephone interview with Sunday Sun, he said: “I listened to the comment of the Osun State Commissioner for Information, saying that the judgment of Appeal Court does not grant APC local government chairmen and councillors order to resume office. We should be very careful because things like this can truncate our democracy. We must learn to respect the will of the people. We must stop deceiving ourselves and start doing things appropriately.
“There is the likelihood that the state government will rely on the judgment of the State High Court in Ilesha to defend the conduct of another local government elections. However, if APC feels that they got the judgment inappropriately, they can contest it at the Court of Appeal. The point is that we need to be very careful not to derail the current democracy.”
Renowned constitutional lawyer and human rights activist, Dr Tunji Abayomi, urged Governor Adeleke to respect the judgment of the Supreme Court that bared state governors from dissolving democratically elected local government chairmen and councilors. According to him, since the Appeal Court has overruled the decision of the High Court, APC chairmen and councilors remain the legal occupants of their respective offices.
He said: “The righteousness of any decision by contending parties of the link of that decision to a democratic election. The Supreme Court has said that no government can unilaterally disolve another validly elected government. Since the Court of Appeal has overruled the judgment of the state High Court, the status quo will have to be maintained. They have to leave the elected chairmen and councillors in office until possibly the Supreme Court takes a final decision. Inasmuch as the Appeal Court has reversed the decision of the High Court, they will remain in office until the Supreme Court decides otherwise.
“The alternative is for the Osun State government to go to the Supreme Court to challenge the judgment of the Appeal Court. In any case, a high court cannot preside over an election matter. It is only the tribunal that has jurisdiction over election matters. The only court that can sack elected officers is the tribunal. Something is obviously wrong.
“The problem is that High Courts are under the influence of the governors. Now, how will the state government validate the local government elections conducted in the light of the decision of the Court of Appeal? It is an exercise in futility. APC chairmen, based on the decision of the Appeal Court, are in control of their respective local government areas. I learned they killed one of the chairmen; possibly his vice will take over. In practical terms, how will the state government enforce the legitimacy of the newly elected officers? The governor swore to uphold the Constitution and the Constitution is what the court says it is. Based on the judgment of the Court of Appeal, those chairmen are returned to office until otherwise decided by the Supreme Court.
“As a governor, he swore to uphold the constitution and his power is subject to the jurisdiction of the Court. His decision to conduct the election is ego-tripping. And a governor shouldn’t have an ego.”
Senator Anthony Adeniyi, a Senior Advocate of Nigeria (SAN), echoed the same opinion, stressing the legitimate rights of APC chairmen and councillors to their respective offices.
“The judgment of the Court of Appeal supersedes that of the High Court. So, whoever the decision of the Appeal Court favours is the legitimate occupant of the office of the chairmen and councillors. However, the state government has the right to challenge the ruling of the Court of Appeal at the Supreme Court,” he posited.
As the controversy rages on, stakeholders are worried that the crisis could undermine the supremacy of the constitution and have consequential effects on the country’s democracy.