By Pelumi Olajengbesi Esq.
A wave of misinformation has recently flooded public discourse regarding the legal status of the ousted local government chairmen in Osun State. Some members of the All Progressives Congress (APC) have deliberately misrepresented a recent judicial pronouncement, falsely claiming that the court has reinstated these officials. This blatant distortion, aggressively pushed by certain political actors and their enablers, is a calculated attempt to undermine the rule of law. The legal position remains clear—no court order confers any right upon these individuals to forcibly reoccupy local government offices under the guise of a fictitious judicial mandate.
To be unequivocal, no court has reinstated the ousted local government chairmen. Any assertion to the contrary is an intentional misrepresentation aimed at misleading the public and inciting political instability. The reckless attempt by certain political figures to circumvent due process and forcefully impose these individuals back into office is not only deceptive but also an affront to constitutional governance.
The Judicial Determinations on the Osun Local Government Elections
The legal status of the October 2022 Osun local government elections has been definitively resolved by two separate court judgments, both of which nullified the electoral process. The first judgment was obtained by the Peoples Democratic Party (PDP), while the second was delivered in the case instituted by the Action Peoples Party (APP).
Significantly, the APC appealed these judgments. In the APP case, the Court of Appeal dismissed the appeal, affirming the validity and finality of the trial court’s decision. No superior court has set aside this ruling, and only the Supreme Court has the jurisdictional authority to alter this settled legal position.
Regarding the PDP’s case, the Court of Appeal ruled on procedural grounds, holding that the PDP’s suit was filed out of time. This decision did not in any way validate the October 2022 elections. It merely struck out the case on technical grounds without deciding on the substantive legitimacy of the elections. Crucially, the Court of Appeal did not issue any order reinstating the ousted officials.
Meanwhile, the APP judgment, which categorically voided the election, remains binding and unimpeached. It is a well-established principle of law that a valid and subsisting judgment, unless set aside by a superior court, remains the definitive legal position.
Legal Implications: No Basis for Reinstatement
The jurisprudential effect of these judicial pronouncements is unambiguous: the officials purportedly elected in October 2022 have no legal foundation to reclaim office. Any attempt to do so constitutes a flagrant violation of a subsisting court judgment and an outright descent into lawlessness.
The Court of Appeal did not at any stage issue consequential orders for reinstatement, nor did it set aside the APP judgment. Therefore, unless a superior court rules otherwise, the legal reality remains that the 2022 Osun local government elections were null and void, and all positions purportedly occupied as a result of that process remain legally vacated.
The only lawful recourse available to the APC, should it seek to reinstate the ousted officials, is to approach the Supreme Court in a substantive appeal against the Court of Appeal’s judgment in the APP case. Any attempt to seek an interpretative clarification from a lower court would be futile, as the judgment of the Court of Appeal in the APP case remains binding. Moreover, such efforts would be purely academic, given the inevitability of a fresh electoral process to fill the vacant local government positions in line with constitutional and statutory provisions.
Subverting the Judiciary: A Dangerous Precedent
Beyond the strict legal framework, the tactics employed by certain political actors to circumvent judicial authority raise serious concerns about their commitment to the rule of law. Rather than pursuing lawful appellate mechanisms, these individuals have resorted to leveraging state security agencies and political influence to enforce an unlawful directive. This blatant disregard for judicial authority, if not decisively addressed, poses a grave threat to Nigeria’s democratic order and the integrity of its legal institutions.
The ongoing misrepresentation of judicial pronouncements in furtherance of an illegal power grab is not just an Osun State issue—it is a direct assault on Nigeria’s democracy. The law is not a tool to be manipulated for political convenience, nor is it subject to the whims of those unwilling to accept the consequences of their political miscalculations. In any functioning democracy, judicial decisions must be respected and enforced in their exact terms, not twisted to serve partisan interests.
Upholding the Rule of Law
It is imperative that all stakeholders—especially security agencies and relevant authorities—uphold the sanctity of the rule of law and resist any political coercion aimed at undermining judicial decisions. The legal position is settled, and no amount of propaganda, misinformation, or desperate political maneuvering can alter it.
The people of Osun State, and indeed all Nigerians, must remain vigilant in protecting democracy against those who seek to subvert it for their selfish interests. Democracy thrives under the supremacy of law and order—not through subterfuge, political brinkmanship, or reckless executive overreach. Those attempting to usurp constitutional authority must be reminded that the law, in its grandeur, remains the ultimate arbiter of political legitimacy.
Pelumi Olajengbesi Esq. is a Legal Practitioner and the Managing Partner at Law Corridor.
