A fresh ruling by the Court of Appeal in Akure has reignited controversy between the Osun State Government and the opposition All Progressives Congress (APC) regarding the legality of the October 15, 2022, local government elections.
The bone of contention stems from a decision delivered virtually on Friday by Justice Peter Obiorah, who dismissed an application filed by the APC. The party had sought to relist an appeal previously struck out on January 13, 2023, for lack of diligent prosecution. The court, however, ruled that the application lacked merit, stressing that reinstating the appeal could create judicial confusion.
The disputed case originally arose from a suit filed by the All Peoples Party (APP) at the Federal High Court, where it challenged the legality of the October 2022 local government elections conducted by the Osun State Independent Electoral Commission (OSIEC). The main contention was that only APC candidates participated in the elections, raising questions about fairness and inclusivity.
Following the APP’s legal challenge, the Federal High Court eventually nullified the elections. The APC, which later became a party to the suit, appealed the ruling. However, the appeal was struck out earlier this year due to the party’s failure to prosecute the case diligently. The APC’s subsequent attempt to have the appeal relisted was the subject of Friday’s judgment, which the appellate court rejected.
In response to the judgment, the Osun State Commissioner for Information and Public Enlightenment, Kolapo Alimi, welcomed the ruling, stating that it reaffirmed the validity of the Federal High Court’s decision that had nullified the 2022 local government elections. He emphasized that with the appeal struck out, the lower court’s ruling remains binding and enforceable.
Alimi further accused the APC of dragging the state into an unnecessary political crisis, which, according to him, resulted in significant losses, including the destruction of property and the loss of lives.
However, the APC swiftly countered the state government’s interpretation of the ruling. In a statement issued by its spokesperson, Kola Olabisi, the party accused the ruling People’s Democratic Party (PDP)-led government of distorting the facts for political gain.
Olabisi argued that the judgment delivered on Friday had no impact on a separate ruling by the Court of Appeal issued on February 10, 2025, which, according to the APC, reinstated the previously sacked local government chairmen and councillors. He insisted that only the Supreme Court can set aside that February judgment and that no appeal challenging it has been filed.
“The ruling delivered today concerned only an abandoned appeal and has no legal effect whatsoever on the February 10, 2025, decision of the appellate court,” Olabisi stated. “We urge the public to disregard the state government’s deliberate misinformation and rest assured that our elected local government officials remain in office, protected by the binding judgment of the appellate court.”
As both parties continue to interpret the court rulings in contrasting ways, uncertainty remains over the final legal status of the 2022 local government elections and the officials elected under that process.