AGF warns Adeleke against LG poll, IG dismisses gov’s allegations

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), on Thursday, called on the Osun State Governor, Ademola Adeleke, to tell the Osun State Independent Electoral Commission to call off Saturday’s local government election in the state.

The AGF, in a statement he signed in Abuja on Thursday, warned that conducting a new local government council election would not only be invalid but would also amount to a breach of the Constitution since the tenure of the purportedly sacked council chairmen is still running according to last week’s decision of the Court of Appeal, Akure Division.

Osun State has been engulfed in a political crisis between the ruling Peoples Democratic Party and the opposition All Progressives Congress over the 18 local government seats in the state.

The crisis escalated on Monday, leading to the killing of six persons, including an APC chieftain.

The AGF,  in his Thursday statement, urged Governor Adeleke to toe the path of law and shun violence.

He said, “My attention has been drawn to the public outcry of Osun State Governor, Ademola Adeleke, concerning the judgment of the Court of Appeal, Akure division delivered on the 10th day of February 2025 in Appeal No CA/AK/272/2022, which nullified and set aside the judgment of the Federal High Court, Osogbo, Osun State, delivered on 25th day of November 2022.

“It has become necessary to issue this public notice to remove doubts, fears and uncertainties created by misrepresentations and disinformation concerning the legal effect of the judgment of the Court of Appeal.

Putting matters in proper context, the event that led to the two judgments was that during the currency of the term of the former Governor of Osun State, Adegboyega Oyetola, the election was held into all the local governments of Osun State and winners were sworn in.”

The AGF recalled that a few days before the swearing-in of Governor Adeleke, the Federal High Court Osogbo delivered a judgment, nullifying the LG election.

Fagbemi noted that as soon as Governor Adeleke assumed office a few days after the judgment, he issued an executive order for the physical removal of the elected officials and replaced them with caretaker appointees.

Aggrieved by Governor Adeleke’s order, the APC, as a party in the Federal High Court case, appealed against the judgment before the Court of Appeal.

The Court of Appeal, in a judgment delivered on February 10, resolved the issues against the judgment of the Federal High Court by allowing the appeal.

The AGF noted that by this decision, “the judgment of the Court of Appeal has, by implication, effectively restored the elected local government officials removed by the Federal High Court, back to their offices.”

He added that according to the facts made available to his office, it was the attempt by the said elected officials to resume their positions that was resisted by some disgruntled elements which led to the crisis in the state.

“His Excellency, the Governor of Osun State, Ademola Nurudeen Jackson Adeleke is no doubt aware of this scenario and ought to have, as a leader, called the disgruntled elements to order in accordance with his oath of office to maintain law and order in Osun State,” the AGF said.

Warning against a fresh LG poll scheduled for Saturday, the AGF said,  “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 Governor 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 Governor Adeleke to ensure the smooth, non-violent transition from one elected official to another in accordance with the statutorily prescribed three-year tenure.

“For the avoidance of doubt, when proceedings and decisions of the court are declared a nullity for lack of jurisdiction, it means they do not exist and have no effect whatsoever

“I will appeal to His Excellency, Governor Adeleke to toe the path of law in this matter and not instigate unnecessary violence in Osun State.  Nobody benefits from violence.  It is, therefore, of utmost importance for Governor Adeleke to advise Osun State Independent Electoral Commission to shelve the idea of proceeding with any local government election now.”

CSO tackles AGF

But in a swift reaction, a civil society group, Osun Democrats for Democracy, countered the AGF’s warning, arguing that he had no legal authority to halt the elections or interpret court rulings.

In a statement on Thursday, ODD’s Legal Adviser, Adewale Fowora, accused Fagbemi of bias, citing his past role as a legal representative of former governor Oyetola.

“The AGF is not a court of law and cannot stop an election nor interpret court rulings. Only a court of law can decide such matters,” the group stated.

ODD also referenced another judgment by the Action Peoples Party, which allegedly nullified the APC council candidates.

“Much more worrisome is the biased refusal to mention the APP judgment which sacked the APC council aspirants. The APP judgment was not the subject of appeal at Akure, and so the appeal ruling at Akure has nothing to do with the subsisting APP judgment.”

The group insisted that the Akure Appeal Court ruling did not affect the APP judgment and urged Adeleke to proceed with the elections.

“We advise the Osun State government to go ahead with the election on Saturday. The AGF’s statement is a political action that has no foundation in law. AGF is not the court and he cannot exercise the powers of the court.”

IGP refutes bias allegations

Meanwhile, the Inspector General of Police, Kayode Egbetokun, has dismissed allegations of bias in the handling of the Osun crisis.

Osun PDP Chairman, Sunday Bisi, had accused the IGP of attempting to destabilise the state and allegedly plotting Governor Adeleke’s assassination.

Reacting in Abuja on Thursday, Egbetokun dismissed the allegations as “absurd” and stated that the deployment of additional security personnel in Osun was in response to the state’s Commissioner of Police’s request for reinforcement.

“I refuse to dignify such absurdity with a response. I am too busy for careless talks. Our priority is ensuring law and order in Osun State,” he stated.

He urged Osun residents to remain calm, assuring them that security agencies would ensure peace and stability in the state.

“Mine is to respond to the call of the Commissioner of Police in the state for reinforcement. We have reinforced the command, and we have enough men on the ground to ensure that there is law and order in that state. To ensure that there is no more breakdown of law and order in the state.”

“The state is calm now. Did you hear of any violence again? It’s calm now.”

PDP govs wade in

On Thursday, the PDP Governors’ Forum expressed concern about the crisis rocking Osun State regarding the control of the local government.

In a statement by its Chairman and Governor of Bauchi State, Bala Mohammed, the PDP Governors’ Forum condemned violence and urged stakeholders to uphold the rule of law.

“The Peoples Democratic Party Governors’ Forum notes with deep concern the recent political violence in Osun State, which led to the loss of lives and the destruction of property,” the statement read.

“The PDPGF condemns in its entirety the resort to self-help by political players whose conduct ought to have been guided by the provisions of extant laws in a democratic society. The Forum further notes with deep worry the resort to violence as a means of settling political and legal disputes and warns all those fanning the embers of discord to desist forthwith.”

It also emphasised that political leadership should be about patriotic sacrifice and service to the people, not a contest for power through violence.

“The PDPGF also notes that political leadership should be about patriotic sacrifice and service to the people and not about a bloodbath and violent criminal conduct and thus, charges all the stakeholders in Osun State to abide by the law

In this regard, the PDPGF further avers that about the protection of lives and property, there are no partisan divides or ideological divisions. Every political leader should be serving the people and working towards their safety, protection, and welfare.

“Finally, the PDPGF is desirous of seeing a full and total return of normalcy in Osun State, the restoration of law and order, and the quick identification and decisive trial of all those charged with violent disruption of the peace in Osun State.”

APC, PDP disagree on poll

An APC chieftain,  Olatunbosun Oyintiloye,  called on President Bola Tinubu to intervene and prevent the Osun State Government from proceeding with  Saturday’s local government election.

Oyintiloye argued that the elections should be halted, citing the Court of Appeal’s ruling believed to have reinstated APC chairmen and councillors.

“I want to appeal to the President to prevail on Governor Adeleke not to go ahead with the election for security reasons. All we want in the state is peace, and anything that can jeopardize the peaceful atmosphere should be avoided,” Oyintiloye said.

“Presently, there is no vacuum in all the 30 council areas in the state due to the Court of Appeal judgment that reinstated the APC chairmen and councillors. Governor Adeleke must protect the tenets of democracy and have respect for the rule of law that brought him to power.

Since it is the constitutional responsibility of any government to protect lives and property, the state government should shun what can lead to bloodshed. President Bola Tinubu should prevail on Adeleke and make him see reasons why the election cannot be held.”

However, the Osun State Commissioner for Information and Public Enlightenment, Kolapo Alimi, dismissed Oyintiloye’s concerns, affirming that the election would hold as planned.

He also warned that any actions taken by APC council officials would be challenged in court.

Earlier, the Osun APC had announced its withdrawal from the local government elections, stating that there were no vacancies in local councils following the Court of Appeal’s judgment.

 In a letter signed by its State Secretary, Olabisi Kamoru, the party formally notified the Osun State Independent Electoral Commission of its decision to pull out of the election.

The letter read:“The implication of the Appeal Court judgment as cited above is that the local council seats are no longer vacant.

“Given the foregoing, we hereby state that the All Progressives Congress and all its candidates have, by this letter, informed the Commission that we withdraw from the Local Government Elections scheduled for 22nd February 2025.”

Since it is the constitutional responsibility of any government to protect lives and property, the state government should shun what can lead to bloodshed. President Bola Tinubu should prevail on Adeleke and make him see reasons why the election cannot be held.”

However, the Osun State Commissioner for Information and Public Enlightenment, Kolapo Alimi, dismissed Oyintiloye’s concerns, affirming that the election would hold as planned.

He also warned that any actions taken by APC council officials would be challenged in court.

Earlier, the Osun APC had announced its withdrawal from the local government elections, stating that there were no vacancies in local councils following the Court of Appeal’s judgment.

 In a letter signed by its State Secretary, Olabisi Kamoru, the party formally notified the Osun State Independent Electoral Commission of its decision to pull out of the election.

The letter read:“The implication of the Appeal Court judgment as cited above is that the local council seats are no longer vacant.

“Given the foregoing, we hereby state that the All Progressives Congress and all its candidates have, by this letter, informed the Commission that we withdraw from the Local Government Elections scheduled for 22nd February 2025.”

In a related development, the Osun APC, through its spokesperson Kola Olabisi, called for the arrest of Dr. Akindele Adekunle, the Special Adviser to Governor  Ademola Adeleke on Primary Healthcare.

The APC accused Adekunle of falsely alleging that the party was planning to use fake police officers to disrupt the election.

“Akindele, in an ineffectual press statement today has cried to the rooftop that he has an intelligence report that the APC was planning to disrupt the election slated for Saturday.

“For the mere fact that Adekunle stated that he got the intelligence of the unsubstantiated allegation he is publishing, he would no doubt be a resourceful witness for the police investigation and prosecution of his conjectured allegation.

“Adekunle and co-travelers should know that the APC members and leaders do not need to employ the services of hoodlums before they know that the illegality, that he is calling an election, would not hold,” the statement partly read.

Earlier, Adekunle had claimed in a statement that APC had brought in hoodlums disguised as police officers to disrupt the elections.

He alleged that the tactical force deployed from Abuja was a cover for these hoodlums, who were meant to unleash violence and frustrate the election.

Credible intelligence at our disposal points to the fact that hoodlums brought into Osun state are being clothed in police uniform to perpetrate violence on the people in a bid to stop the local government election billed for Saturday,” Adekunle said.

“It is quite disturbing to note that the police are aiding this brazen threat to the peace and safety of Osun people because we learnt that the tactical squad deployed from Abuja is just a cover for the thugs to unleash violence without check.

“We want to remind voters in Osun state that voting is their right in a democracy and they should not succumb to any threat, whether from the real police or the fake ones getting support to unleash mayhem. So, they should come out and exercise their franchise on Saturday by electing their choices in administering governance at the local level.”

Adeleke urges calm

Governor Adeleke, in a statement by his spokesperson, Olawale Rasheed, urged politicians to abide by the rule of law and voters to exercise their franchise peacefully. He condoled with families who lost loved ones in the recent violence and assured residents that peace would be maintained.

“We have confidence in the democratic credentials of President Tinubu, who we know will always insist on the rule of law.

“I implore our people to continue to sustain the peace that has returned to our dear state. We need peaceful coexistence to expand our good governance delivery of the past two years. Osun state remains truly peaceful.

Finally, I urge all registered voters to vote in the local government election of Saturday, 22nd February 2025, and to conduct themselves peacefully at all times.”