Osun Counters AGF On LG Elections

The Osun State Government has responded to the request made by the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, regarding the suspension of the state’s upcoming local government elections.

The elections are set to take place on Saturday.

Earlier, the AGF had urged Governor Ademola Adeleke to immediately stop the election process. He stated that the law is clear on the issue, which has caused tension between the All Progressives Congress (APC) and the Peoples Democratic Party (PDP). According to him, the court had already nullified the order that the governor used to remove the elected local government chairmen.

In response, Osun Governor’s Special Adviser on Legal Matters, Nurudeen Kareem, issued a statement on Thursday night. He maintained that the judgment removing the former local government chairmen remains valid and enforceable unless a higher court overturns it.

Kareem also requested the AGF to clarify a Supreme Court decision in the case of WADA v. BELLO (2016) 17 NWLR PT 1542 433. He pointed out that this ruling states that all courts, whether lower or higher in the judicial hierarchy, must comply with existing judgments.

He 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.”

Kareem further emphasized the importance of another legal case, APP v. APC. He noted that the Federal High Court had ruled on this matter in case number FHC/OS/CS/103/2022. The decision was upheld by the Court of Appeal on January 13, 2025.

He stated, “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.”

Kareem concluded by stressing the importance of legal clarity in ensuring the integrity of electoral processes. He called on the AGF to provide more clarification on the matter.

“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.”

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