The Court of Appeal in Akure, Ondo State Capital, on Friday reaffirmed that the local government election conducted by the Osun State Independent Electoral Commission (OSSIEC) in 2022 under the immediate past administration was null and void, as such the acclaimed beneficiaries of the said election benefited nothing.
Naijaonpoint reports that the Court of Appeal dismissed a request from the All Progressives Congress (APC) to reinstate its appeal concerning the Federal High Court ruling that annulled the disputed local government elections in Osun State held in September 2022.
These elections resulted in the election of the so-called “Yes or No” APC chairmen, which were subsequently invalidated by the Federal High Court, with the APC’s appeal being rejected by the Appeal Court.
In a decisive ruling delivered by Justice Obiora, following a unanimous agreement among the three judges on Friday, the court also criticized the APC for misrepresenting its judgment dated February 10, 2025.
The court clarified that it did not reinstate the ousted APC chairmen and cautioned the party against manipulating the court’s rulings for political advantage.
The justices underscored that the judiciary should not be regarded as an extension of any political entity.
“It is a case of violenti non fit injúria, they cannot complain on a self inflicted injury. Equity aids the vigilant, and not the indolent,” the Appeal Court held.
Justice Obiora further held that “If they knew their tenure is just three years, and they went to sleep over their Appeal against their sack for two years, it is inconceivable.
“There are three appellants with one joint Notice of Appeal, only one party is making an application to relist. Even if that one party can come alone, what are the reasons for bringing this application? If the APC is sincere, as a party that has many candidates affected by the Appeal, one wonders why they went to sleep and failed to transmit records on time in accordance with the law and the rules of the court.
“I draw attention to this fact in order to show that the 3rd appellant applicant (APC) who was pursuing the sister appeal based on the same facts and similar judgement of the same Judex, Ayo Emmanuel J, cannot claim ignorance for not compiling the records of Appeal or have any credible reason for abandoning the prosecution of this Appeal that was dismissed on the 13th day of January, 2025. The sudden attempt to resurrect this appeal through this same court will only lead to confusion and this Court will resist such attempt to lure it to unwittingly seat on Appeal in CA/AK/270/2022. Everything in this application shows that the third appellant has not shown good cause why this application should be granted. The fate that has befallen them is self-inflicted. It is therefore my conclusion that this Appeal lacks merit and it is accordingly, dismissed.”
OSSIEC Chairman Reacts
Reacting in a statement obtained by Naijaonpoint on Friday, OSSIEC Chairman, Hashim Abioye, highlighted that the latest court verdict translated to the fact that as the time the Commission his my leadership commenced the process of the February 2025 local government election throughout the election, vacancies did exist in Osun local council political offices.
Abioye emphasised that the constitutional responsibility of OSSIEC is to organise and oversee the conduct of local government elections in a timely manner.
“We have fulfilled this mandate effectively and responsibly by issuing a notice of election in complete adherence to relevant electoral laws and with utmost fidelity to applicable regulations and guidelines,” he said.
“Nevertheless, what seemed to be an outrageous assertion and a calculated manipulation, certain saboteurs attempted to obstruct the election process by imposing upon us a bizarre scenario—a false assertion of reinstatement and a fraudulent claim of ‘NO VACANCY’.
“These dangerous individuals distorted the ruling of the Court of Appeal delivered on 10th February, 2025, by introducing elements that were not present in the original decision. They ingeniously fabricated the term “reinstatement” and subsequently secured the unfortunate support of the Attorney-General of the Federation, Prince Lateef Fagbemi, SAN, along with the Inspector-General of Police, Kayode Egbetokun, who conspired to undermine the local government election process that had been initiated approximately a year before these manipulative antics.”
Abioye further states that the OSSIEC office was sealed by the police on the order of the IGP, acting on the “advice” of the AGF. As a matter of fact, the Force Headquarters, through the PPRO, made a release on the eve of the election, warning against holding the election.
The chairman of the OSSIEC also remarked that the counsel provided by the AGF and the instructions issued by the IGP granted certain political figures the chance to openly threaten the Commission and its personnel just hours before the election.
Additionally, there were several occurrences of arrests, harassment, intimidation, and molestation directed at some of the staff employed by the Commission.
He said: “On the order of the IGP, banking on the advice of the AGF, NOT on any court order, the OSSIEC premises were sealed up, thank God for our alertness and proactiveness as we sensed all of the game, hence we deployed a strategy by the grace of God, and it worked. The election was held peacefully and successfully, and the winners emerged and were duly issued certificates of return. The AGF and the IGP for obvious reasons, ignored a subsisting decision of the Court of Appeal dismissing the appeal by a political party in yet another judgment which nullified the 2022 Osun State local government elections. Sadly again, they both derided and encouraged the derision of a valid judgment of the Osun State High Court sitting in Ilesa which declared that vacancies existed and that OSSIEC should go ahead to fill the vacancies across all the local council areas of Osun State.
“This has been the situation, up until today, when the same Court of Appeal gave its verdict, which in crystal clear terms implied that there was no reinstatement. To us, this was a vindication of our conviction and a validation of our action, all along. Our commitment to due process and the rule of law was turned against us by political actors, unfortunately backed by some super political powers and persons in authority. We suffered condemnations, tribulations and accusations at the hands of manipulators. Alhamdulillah today, the siege is over.
“Let me reiterate that our products of 22nd February, 2025, are the only legitimate officials who are to function as political heads of the respective Osun local councils. Dealing with any other persons or category of persons is an aberration and a big risk. This is a “CAVEAT EMPTOR” note to all persons and authorities that only the winners of the Osun 2025 local government elections who have been duly sworn in are the legitimate officials.”
“I wish to highlight further that the AGF and IGP owe the people of Osun State sincere apologies. They can make good their position by offering good advice and instruction conscientiously and appropriately. I thank all genuinely concerned persons and stakeholders in the electoral process, and of course the people of Osun State for their patience and perseverance all these days. The judgment of the Court of Appeal today has brought relief after so much pain inflicted by desperate actors. The siege is now over and we can all sing songs of praise to God for seeing us through the due electoral process we embarked upon, which was a standard gauge for integrity, transparency and credibility. The siege is now over,” the OSSIEC chairman concluded.