Osun LGA drama: running election on Saturday is ‘egregious breach’ of constitution, AGF warns Adeleke

Kunle Sanni

The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, has issued a stern warning to Osun State Governor Ademola Adeleke, cautioning that any attempt to conduct local government elections on Saturday, February 22, 2025, would constitute an “egregious breach of the Constitution.”

In a statement on Thursday, Fagbemi emphasized that any election held would be invalid, as the tenure of the previously elected local government officials—recently reinstated by the Court of Appeal—remains active until October 2025.

The warning follows the February 10 Court of Appeal judgment, which overturned an earlier decision by the Federal High Court in Osogbo that had nullified the local government elections conducted during former Governor Gboyega Oyetola’s administration. The appellate court ruled that the Federal High Court lacked jurisdiction and effectively restored the removed officials to office.

Despite the ruling, Governor Adeleke has insisted on conducting new local government elections this weekend. Fagbemi criticized the decision, calling it a violation of the constitutional term limit for elected officials and a direct disregard for judicial authority.

“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, but it will also amount to an egregious breach of the Constitution, which Governor Adeleke has sworn to uphold,” Fagbemi stated.

The AGF also referenced the Supreme Court’s recent affirmation of local government autonomy, emphasizing that Governor Adeleke has a legal obligation to respect the statutory three-year tenure of elected officials.

The legal dispute stems from the final days of Governor Oyetola’s tenure, when local government elections were held, and officials were sworn in. Shortly after Governor Adeleke assumed office, a Federal High Court ruling nullified those elections, allowing him to appoint caretaker officials.

Following an appeal by the All Progressives Congress (APC), the Court of Appeal overturned the High Court’s decision, ruling that the removal of elected officials was invalid due to lack of jurisdiction. This decision effectively restored the officials to their positions.

Fagbemi noted that the crisis escalated when efforts by the reinstated officials to resume office were met with resistance from “disgruntled elements”—a situation he believes Governor Adeleke should have acted swiftly to de-escalate.

In his statement, Fagbemi urged Governor Adeleke to “toe the path of law” and refrain from actions that could incite violence in the state.

“Nobody benefits from violence. It is, therefore, of utmost importance for Governor Adeleke to advise the Osun State Independent Electoral Commission (OSIEC) to shelve the idea of proceeding with any local government election now,” Fagbemi warned.

He offered the support of his office for any dialogue needed to resolve the situation peacefully, stressing the importance of upholding constitutional order for Osun State’s stability and Nigeria’s democracy.

Fagbemi concluded by reaffirming that the Court of Appeal judgment remains the only legally binding decision on the matter and must be enforced immediately.

“The constitutional order which existed before the dissolution must be restored since the judgment upon which the governor acted has been declared a nullity,” he said.

The unfolding situation increases pressure on Governor Adeleke to abandon plans for the upcoming election and respect the judiciary’s ruling, as tensions rise over the state’s local government leadership.