The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, has cautioned Osun State Governor, Ademola Adeleke, against proceeding with a fresh local government election, describing the move as unconstitutional and legally untenable.
In a statement on Thursday, Fagbemi emphasized the legal implications of the recent Court of Appeal judgment delivered on February 10, 2025, which reinstated previously sacked local government officials.
The appellate court overturned an earlier Federal High Court ruling that nullified the election of local government officials under former Governor Adegboyega Oyetola, declaring the suit incompetent and striking it out. This effectively restored the removed officials to their offices.
Expressing concern over Adeleke’s insistence on conducting new local government elections on February 22, 2025, Fagbemi argued that the reinstated officials’ tenure remains valid until October 2025, making any attempt to replace them a direct violation of the Nigerian Constitution.
He criticized the governor’s handling of the situation, urging him to uphold law and order rather than escalate the crisis. Referencing a recent Supreme Court decision affirming local government autonomy, the AGF warned that any fresh election under the current circumstances would be invalid and urged the Osun State Independent Electoral Commission (OSIEC) to halt its plans.
“The constitutional order that existed before the dissolution must be restored immediately since the judgment upon which the governor acted has been declared a nullity,” Fagbemi stated, emphasizing that the Court of Appeal’s decision is superior and legally binding.
He called on Adeleke to respect the rule of law, stressing that political disagreements should not lead to unnecessary conflict. The AGF also expressed readiness to engage with the Osun State government in dialogue to ensure a peaceful resolution to the crisis.