Osun LG: Appeal Court Upholds Nullification of ‘Yes/No’ Election

The Court of Appeal has affirmed the dismissal of the All Progressives Congress (APC)’s appeal challenging the conduct and outcome of the 2025 Local Government elections in Osun State.

In its June 13, 2025 judgment, the court upheld the legitimacy of the fresh elections held on February 22, 2025, and recognized the newly elected Chairmen and Councilors as the valid officeholders.

Justice Oyebisi Folayemi Omoleye, delivering the ruling, emphasized that the legal dispute had become redundant following the successful conduct of new elections and the swearing-in of officials.

“This Court previously delivered judgment on February 10, 2025, in Appeal No. CA/AK/270/2022, which involved largely the same parties and issues. That appeal was dismissed.

With new elections held and officials already inaugurated, the substance of this dispute has been overtaken by events. Relisting this appeal serves no useful purpose.”

Citing judicial precedents, including Baker Marine v. Chevron, Adelaja v. Alade, Union Bank v. Edionseri, and Julius Berger v. Femi, she concluded that the application was procedurally defective, factually unsupported, and legally irrelevant.

“There is no longer a live controversy. The matter is, in every material sense, a fait accompli. I therefore dismiss the application.”

In the lead judgment, Justice Obiorah reinforced the position, stating that the lower court’s ruling remains binding since the appeal against it has been dismissed.

“With no active appeal against the lower court’s judgment, that decision stands as the authoritative position on the status of elected council officials in Osun State.”

Addressing claims of contempt by the 3rd Respondent/Applicant, Justice Obiorah clarified that such allegations stem from their interpretation of the Appellant’s conduct post-judgment and fall outside the Court’s direct purview.

“The alleged contempt is ex facie curiae—not committed in the court’s presence—and therefore not immediately justiciable in this setting,” he noted, citing INEC v. Oguebego (2017) LPELR-42609(SC), per Nweze, JSC (of blessed memory).