‘Provide Clarity On This Matter’ – Osun Govt Replies FG’s Call To Suspend LG Elections

The Osun State Government has reacted to the call by the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, to suspend the upcoming Osun State Local Government elections scheduled for Saturday.

National Daily News recalls that Fagbemi had asked Governor Ademola Adeleke of Osun State to halt the process of the Local Government elections with immediate effect.

The AGF, in a statement issued Thursday, said the position of the law was clear on the development creating friction between the All Progressives Congress (APC) and the Peoples Democratic Party (PDP).

Fagbemi said the court had nullified the order that the governor relied on to sack the local government chairmen elected under the administration.

But reacting in a statement to Naija News late Thursday night, Special Adviser to Osun Governor on Legal Matters, Nurudeen Kareem, stated that the judgement sacking former LG chairmen remains extant, subsisting and binding until overturned by a higher court with appropriate jurisdiction.

He called on the AGF to provide clarity on a Supreme Court decision in the case of WADA v. BELLO (2016) 17 NWLR PT 1542 433, which affirms that judgments must be adhered to by all courts whether below or above the Court that made the order in the hierarchy of courts.

Kareem said: “We extend our gratitude to the Honourable Attorney-General of the Federation and Justice Minister, Prince Lateef Fagbemi, SAN, for his valuable insights regarding the judgment in the PDP versus APC case concerning the 2022 Osun local government election.

“While we respect the AGF’s stance on the PDP’s suit, we believe it is essential to highlight the ongoing relevance of the APP v. APC case, particularly given the Federal High Court’s decision in FHC/OS/CS/103/2022, which was subsequently upheld by the Court of Appeal on January 13, 2025.

“It is our firm belief that the judgment rendered by the Federal High Court in FHC/OS/CS/103/2022 on November 30, 2022, remains extant, subsisting and binding until overturned by a higher court with appropriate jurisdiction. This principle is well established in legal precedents, including the Supreme Court decision in the case of WADA v. BELLO (2016) 17 NWLR PT 1542 433, which affirms that judgments must be adhered to by all courts whether below or above the Court that made the order in the hierarchy of courts.

“Given the significance of this judgment for the integrity of our electoral processes, we respectfully urge the AGF to provide clarity on this matter. The citizens of Osun and the broader Nigerian populace eagerly await his informed opinion, which we believe will contribute to a deeper understanding of the legal landscape surrounding these elections.

“Thank you for your attention to this pressing issue.”