Osun State Local Government

From Lateef Dada, Osogbo

The Osun State Local Government chairmen elected in October 2022 have approached the Federal High Court sitting in Osogbo, seeking an order of the court for extension of time till 2028.

The claimants, Saheed Onibonokuta and seven other local government chairmen, who sued for themselves and on behalf of all other local government chairmen and councillors elected in the October 15, 2022 polls, sought protection of the court from being sent out in October 2025.

In a suit filed and dated September 12, 2025, signed by Muhydeen Adeoye, the claimants joined Attorney General of the Federation, the Inspector General of Police, Osun State Governor, the Attorney General and Commissioner for Justice, Osun State House of Assembly, and Osun State Independent Electoral Commission (OSSIEC), as defendants.

They argued that they were not allowed to serve their time when they were sworn in on October 15, 2022, hence their time could not start counting in 2022.

They sought a declaration that in view of Sections 6(6)(b) and 7 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); Section 91 of the Osun State Independent Electoral Commission Law, 2022; Sections 3(2), 9, 10 and 28 of the Local Government (Administration) Law, Cap. 72A, Laws of Osun State, the 6th Defendant cannot validly issue a notice of polls, conduct elections into the councils and swear in another set of members during the subsistence of the tenure of office of the Claimants

“A declaration that in view of Sections 6(6)(b) and 7 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); Section 91 of the Osun State Independent Electoral Commission Law, 2022; Sections 3(2), 9, 10 and 28 of the Local Government (Administration) Law, Cap. 72A, Laws of Osun State, all steps taken and being taken by the 3th, 4th, 5th and 6th Defendants from the 22nd day of February 2025 and particularly in August, 2025 till date, to force into the Local Government Councils in Osun State some individuals as members of the Councils during the subsistence of the tenure of office of the Claimants is illegal, unlawful, invalid, unconstitutional, null and void.

“A declaration that upon a proper interpretation of Sections 6(6)(b) and
7 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); Section 91 of the Osun State Independent Electoral Commission Law, 2022; Sections 3(2), 9, 10 and 28 of the Local Government (Administration) Law, Cap. 72A, Laws of Osun State, the opinion issued by the 1st Defendant prescribing and curtailing the tenure of office of the Claimants to end in October, 2025 is ultra vires his office, unconstitutional, illegal, null and void only to the extent of his curtailing the tenure of office of the Claimants till October, 2025.

“An Order directing and mandating the 1st and 2nd Defendants to provide needed security to the Claimants to preserve, protect and enforce the Claimants constitutionally and statutorily guaranteed tenure of office till the 19th day of February, 2028 when their three-year tenure will expire by effluxion of time.

“An Order restraining the 3rd, 4th, 5th and 6th Defendants from taking any step or act to forcefully remove, oust or force the Claimants out of their offices anytime in October, 2025 or thereafter till the 19th day of February, 2028 in their various Local Government Councils when their tenure will expire by effluxion of time.”