AGF Declares Osun LG Election Unlawful, Says Saturday Polls Can’t Hold

Attorney General of the Federation (AGF) insists Osun State cannot lawfully conduct local government elections on Saturday, fueling legal and political tensions.

Prince Lateef Fagbemi, SAN, who serves as the Attorney General of the Federalist (AGF) and Minister of Justice, has urged the Osun State government to suspend the upcoming local government election scheduled for Saturday. He aims to clear up any doubts, fears, or uncertainties stemming from misinterpretations regarding the legal implications of a recent Court of Appeal decision.

In a statement he personally signed and released to the press on Thursday, AGF Fagbemi declared that any local government election held on Saturday would be invalid. This is because during Adegboyega Oyetola’s term as Governor of Osun State, elections were conducted for all local governments in the state, and winners were subsequently sworn in.

The statement indicated that the Osun State Governor, Ademola Adeleke, has raised a public outcry regarding the Court of Appeal’s decision in Akure division. This judgment was delivered on February 10th, 2025, under Appeal No CA/AK/272/2022 and it overturned the Federal High Court’s ruling from November 25th, 2022 in Osogbo, Osun State.

Issuing this public notice has become essential to dispel doubts, fears, and uncertainties caused by misrepresentations and disinformation regarding the legal impact of the Court of Appeal’s judgment.

To provide proper context, during the tenure of former Osun State Governor Adegboyega Oyetola, elections were conducted for all local governments in Osun State, and the winners were subsequently sworn into office.

The Attorney General noted that before Governor Adeleke was sworn in, a Federal High Court in Osogo had invalidated the election.

Just a few days prior to Governor Adeleke’s swearing-in, the Federal High Court in Osogbo issued the aforementioned judgment that nullified the election of Local Government officials and removed them from their positions.

He stated, “Immediately after Governor Adeleke took office following the judgement, he issued an executive order to physically remove the elected officials and appointed caretakers in their place.”

In the meantime, the APC, involved in the aforementioned Federal High Court case, challenged the ruling by filing an appeal. On February 10th, 2025, the Court of Appeal delivered its decision on APC’s appeal against this judgement from the Federal High Court.

He stated that the Court of Appeal not only granted the appeal but also affirmed that the lawsuit leading to the Federal High Court’s aforementioned judgment was incompetent, thereby ordering its dismissal.

The statement goes on to say, “As a result, the Court of Appeal’s decision effectively reinstated the elected Local Government officials who were previously removed by the Federal High Court.”

Based on the information given to my office, the crisis occurred when certain dissatisfied individuals resisted the efforts of those elected officials trying to return to their positions.

The Governor of Osun State, Ademola Nurudeen Jackson Adeleke, is surely aware of this situation and should have addressed the discontented individuals to uphold his Oath of Office in maintaining law and order in Osun State.

Despite the Court of Appeal’s judgment mentioned above—which effectively reinstates the term of office for elected officials to expire naturally in October 2025—His Excellency has insisted that a new Local Government election will be held on Saturday, February 22, 2025.

Any such election that may be conducted will not only be invalid, as the term of office for the elected officials recently reinstated by the Court of Appeal’s judgment extends until October 2025; it would also constitute a serious violation of the Constitution, which Governor Adeleke has pledged to uphold.

Once again, the recent Supreme Court judgment upholding and solidifying Local Government autonomy reinforces Governor Adeleke’s duty to facilitate a smooth, non-violent transition between elected officials in line with the legally mandated three-year term.

To clarify, the AGF explained that if a court’s proceedings and decisions are deemed null due to lack of jurisdiction, they effectively do not exist and have no impact at all.

Fagbemi stated, “I believe that the Court of Appeal Judgment from February 10th, 2025 holds authority over any High Court decision. This judgment establishes the legal stance in this case and stands as the sole legally enforceable verdict with the effect of reinstating Osun State’s initially dismissed democratically elected Local Government officials.”

He argued that the constitutional order in place before the dissolution must be promptly reinstated, as it was determined that the judgment used by the Governor to dissolve the democratically elected government is invalid due to a lack of jurisdiction from the Court when hearing and making those orders.

He then urged Governor Adeleke to adhere to legal procedures in the matter and refrain from inciting unnecessary violence in Osun State, emphasizing that no one gains from such actions.

Fagbemi also mentioned that it is crucial for Governor Adeleke to recommend that the Osun State Independent Electoral Commission (OSIEC) abandon plans to conduct any Local Government Election at this time.

The AGF expressed that his office would be glad to participate in any discussions the Osun state governor might need regarding the matter, with a focus on maintaining peace both within the state and throughout Nigeria.