The Attorney-General of the Federation, Lateef Fagbemi, SAN, has urged Gov. Ademola Adeleke of Osun to respect the recent judgment of the Court of Appeal, Akure Division, which restored local government officials removed in 2022.
Fagbemi made the call in a statement in Abuja.
Freedomonline reports that the court of appeal, Akure division in its judgment delivered on Feb. 10, in Appeal No CA/AK/272/2022 reinstated the sacked Local Government Council Chairmen.
Fagbemi addressed concerns raised by Adeleke over the ruling, clarifying its legal implications and advising against any actions that may violate the constitution.
According to the justice minister, the Court of Appeal nullified the judgment of the Federal High Court in Osogbo, delivered on Nov, 25, 2022.
The AGF said the verdict of the appellate court implied that the All Progressives Congress (APC) local council chairmen formerly sacked by the lower court have been restored.
”Accordingly, the judgment of the court of appeal had by implication effectively restored the elected Local Government officials removed by the Federal High Court, back to their offices.
“According to the facts made available to my office, it was the attempt by the said elected officials to resume back in their positions that was resisted by some disgruntled elements which led to the crisis
”The governor is no doubt aware of this scenario and ought, as a leader to have called the disgruntled elements to order in accordance with his Oath of Office to maintain law and order in Osun State.
“Notwithstanding the judgment of the court of appeal referenced above, which in effect means that the term of office of the elected officials has regained currency and will naturally run out in October, 2025, His Excellency has insisted that a new Local Government election shall be held on Saturday.
“Any such election that may be held will not only be invalid since the term of office of the elected officials just restored by the judgment of the court of appeal will still be running until October 2025, it will also amount to an egregious breach of the Constitution which Gov. Adeleke has sworn to uphold.
“Again, the recent judgment of the Supreme Court which has validated and entrenched Local Government autonomy also strengthens the obligation on Gov. Adeleke to ensure smooth, non-violent transition from one elected officials to another in accordance with the statutorily prescribed three-year tenure.”
‘`For avoidance of doubt, when proceedings and decisions of court are declared a nullity for lack of jurisdiction, it means they do not exist and have no effect whatsoever.
“This is because the judgment upon which the governor acted to dissolve the democratically elected government has been declared a nullity for lack of jurisdiction of the court that heard the case and made those orders.
“I will appeal to Gov. Adeleke to toe the path of law in this matter and not instigate unnecessary violence in the state as nobody benefits from violence’’.
“My office will be happy to be available for any dialogue His Excellency may require on this matter in the interest of the peace of Osun State in particular and Nigeria in general’’.
