A High Court in Ilesa, Osun State, has granted approval for the Osun State Independent Electoral Commission (OSSIEC) to proceed with the local government elections scheduled for Saturday, February 22, 2025. The ruling, delivered on Friday, February 21, 2025, followed a legal challenge filed by the Peoples Democratic Party (PDP), one of the political parties participating in the election.
The court confirmed that vacancies currently exist in the 30 local government areas across the state. This declaration aligns with a previous judgment by the Federal High Court, which had nullified the local government elections conducted by OSSIEC on October 15, 2022.
The Federal High Court’s ruling, delivered in the case ACTION PEOPLES PARTY (APP) VS. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & Others (Suit No: FHC/CS/OS/103/2022) on November 30, 2022, voided the election and removed the officials purportedly elected.
Additionally, the Court of Appeal upheld this decision on January 13, 2025, in ALLIED PEOPLE MOVEMENT (APM) & Others VS. ACTION PEOPLES PARTY (APP) & Others (Appeal No: CA/AK/226M/2024). The appellate court confirmed that vacancies still exist in the local government administrations, effectively supporting the PDP’s claim that new elections must be held.
In its ruling, the court directed all relevant security agencies to ensure the peaceful conduct of the elections. Agencies such as the Nigeria Police, Nigerian Army, Department of State Security Services (DSS), Nigeria Security and Civil Defence Corps (NSCDC), National Drug Law Enforcement Agency (NDLEA), Amotekun Corps, and local vigilante groups were instructed to provide adequate security before, during, and after the election.
Despite calls for postponement, Osun State Governor, Ademola Adeleke, has insisted that the local government elections will hold as planned. His position came after the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, advised the suspension of the polls.
In a statement released by his spokesperson, Olawale Rasheed, Governor Adeleke emphasized that the democratic process must follow the rule of law. “Democracy is governed by the rule of law. No individual or office has the authority to override a court order. My advice to all stakeholders is to respect democratic principles. The election will proceed as scheduled, and the results will promote development at the grassroots level. I urge all residents to remain peaceful, as Osun is known for its tranquility,” the governor stated.
However, the AGF, Lateef Fagbemi, cautioned Adeleke against proceeding with the elections. In a statement on Thursday, Fagbemi referenced a recent Court of Appeal ruling in Akure, which overturned the earlier Federal High Court judgment that nullified the 2022 local government elections. The appellate court’s decision effectively reinstated the sacked local council chairmen, whose tenure, according to the AGF, remains valid until October 2025.
Fagbemi argued that holding new elections would violate the Nigerian Constitution, as the reinstated officials still have a valid mandate. “Any election conducted under these circumstances will be invalid and represent a serious constitutional violation,” he warned. He further urged the Osun State Government to avoid actions that could provoke unrest, stressing the importance of maintaining law and order.
With the court’s latest ruling, all legal barriers to the February 22 local government elections in Osun State have been removed. However, the ongoing dispute between the state government and the AGF casts uncertainty over the broader legal implications. As the elections proceed, attention will remain focused on Osun State to see how the situation unfolds in the coming days.
