Osun LG Crisis: Chairmen to Stay in Office Until October 2025 – AGF

Amid the ongoing Osun local government crisis, the Attorney General of the Federation (AGF) has declared that LG chairmen will remain in office until October 2025.

Prince Lateef Fagbemi, the Attorney General of the Federation and Minister of Justice, clarified that the Court of Appeal’s judgment on February 10, 2025 effectively reinstated the tenure of dismissed local government chairmen and councillors in Osun State.

He mentioned that the terms of the chairmen and councillors elected under former Governor Adegboyega Oyetola’s administration from the All Progressives Congress (APC) are set to end in October this year.

In a statement released on Thursday evening representing the federal government, Fagbemi, a Senior Advocate of Nigeria (SAN), recommended that the Osun State government postpone any plans to conduct local government elections at this time. This advice is given in consideration of maintaining peace and adhering to the rule of law.

In the statement he personally signed, Fagbemi called on Osun State Governor Senator Ademola Adeleke to comply with the Court of Appeal’s decision.

A section of the statement says, “I have taken note of Osun State Governor Ademola Adeleke’s public response to the Court of Appeal ruling in Akure Division on February 10, 2025. This decision in Appeal No. CA/AK/272/2022 overturned and dismissed the previous judgment by the Federal High Court in Osogbo, delivered on November 25, 2022.”

This public notice is being issued to clarify doubts, fears, and uncertainties arising from misrepresentations and misinformation about the legal impact of the Court of Appeal’s judgment.

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

Just a few days before Governor Adeleke’s swearing-in, the Federal High Court in Osogbo issued a ruling that invalidated the election of local government officials, leading to their removal from office.

Just days after the judgment, upon taking office, Governor Adeleke issued an executive order to physically remove the elected officials and appointed caretakers in their place.

At the same time, the APC, a party involved in the Federal High Court case, filed an appeal challenging the judgment. On February 10th, 2025, the Court of Appeal issued its decision favoring the APC.

The Court of Appeal granted the appeal and additionally determined that the suit leading to the Federal High Court’s judgment was incompetent, thereby dismissing it.

As a result, the Court of Appeal’s judgment implicitly reinstated the elected local government officials who had been removed by the Federal High Court to their positions.

Based on the information provided to my office, a group of discontented individuals opposed the effort by these elected officials to resume their positions, resulting in a crisis.

Governor Ademola Nurudeen Jackson Adeleke is surely aware of this situation and, as a leader, 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 decision restoring the validity of the elected officials’ term, allowing it to continue until October 2025, His Excellency has mandated that a new local government election be held on Saturday, February 22, 2025.

Such an election would be invalid, as the terms of office for the officials reinstated by the Court of Appeal’s judgment are ongoing until October 2025. Moreover, it would represent a blatant violation of the Constitution that Governor Adeleke is committed to upholding.

Additionally, the recent Supreme Court ruling that affirmed and cemented local government autonomy strengthens Governor Adeleke’s duty to facilitate a peaceful transition between elected officials in line with the legally defined three-year term.

To eliminate any uncertainty, if a court’s proceedings and decisions are deemed null due to lack of jurisdiction, it signifies that they have no existence or effect at all.

In my view, the Court of Appeal judgment dated 10 February 2025 takes precedence over any High Court decision and establishes the definitive legal stance in this case. It is the sole legally binding judgment and effectively reinstates Osun State’s initially dismissed democratically elected local government officials.

The constitutional order that existed before their dissolution must be restored immediately, as the governor’s decision to dissolve the democratically elected government has been deemed invalid. This is because the Federal High Court lacked jurisdiction to hear and issue orders on that case.

I urge His Excellency, Governor Adeleke, to respect the rule of law in this situation and avoid inciting any unnecessary violence in Osun State.

Violence serves no one’s interests. Consequently, it is crucial for Governor Adeleke to urge the Osun State Independent Electoral Commission (OSIEC) to suspend any plans for a local government election at this moment.

“My office is open for any discussions His Excellency may need regarding this issue, in the interest of peace for Osun State and Nigeria as a whole.”