Osun Local Government Tussle: A Candid And Inconrovertible Legal Opinion
Written by Chief Olawale Ojoge-Daniel – PDP, Ward 10, Ilesa West, Osun State
A Truth for Posterity: Some May Find It Uncomfortable, but It Cannot Be Denied.
Introduction
The ongoing legal controversy surrounding the nullification of local government elections in Osun State has raised crucial questions, particularly regarding the jurisdiction of the Federal High Court in such matters.
This legal opinion aims to objectively examine the following:
Whether the Federal High Court had the jurisdiction to nullify the local government elections conducted under former Governor Oyetola.
The legal implications of the Court of Appeal (Akure Division) ruling on the PDP case and its effect on the Action People’s Party (APP) case.
Whether the striking out of the PDP case at the Court of Appeal implies the reinstatement of the sacked APC local government chairmen.
The validity of any reliance on the Federal High Court’s judgment in this matter.
This analysis is strictly based on constitutional provisions, statutory laws, and judicial precedents. While I am a committed member of the Peoples Democratic Party (PDP), my stance is firmly guided by the rule of law and principles of justice.
- The Jurisdiction of the Federal High Court Over Local Government Election Disputes
A. Constitutional and Statutory Position on Local Government Elections
The 1999 Constitution of Nigeria (as amended) is explicit on the conduct and supervision of local government elections:
Section 7(1) vests authority over local government elections in the State Governments and State Independent Electoral Commissions (SIEC).
Section 197(1)(b) establishes the SIEC, entrusting it with the responsibility of organizing and supervising local government elections.
Section 251 outlines the exclusive jurisdiction of the Federal High Court, limiting its reach to matters involving the Federal Government or its agencies—local government administration is not included.
B. Judicial Precedents Supporting Lack of Jurisdiction
Several court decisions reinforce the principle that local government election disputes fall under the jurisdiction of State High Courts or State Electoral Tribunals:
Government of Akwa Ibom State v. Umoh (2002) 7 NWLR (Pt. 767) 738: The Court of Appeal held that disputes concerning local government elections are within the State High Court’s jurisdiction, not the Federal High Court.
Attorney-General of Lagos State v. Attorney-General of the Federation (2004) 18 NWLR (Pt. 904) 1: The Supreme Court ruled that local government matters fall under state jurisdiction and are outside federal interference unless expressly provided by law.
C. Conclusion on Jurisdiction
Based on these constitutional provisions and case law, it is evident that the Federal High Court sitting in Osogbo lacked the jurisdiction to nullify the Osun local government elections. Any judgment rendered without jurisdiction is a nullity and cannot stand in law.
- The Effect of the Akure Court of Appeal Judgment on the APP Case
A. The PDP Case at the Court of Appeal
The PDP’s case challenging the validity of the local government elections was struck out for lack of merit. This has significant legal consequences:
A struck-out case (for lack of jurisdiction) cannot be relitigated on the same subject matter, as doing so would amount to an abuse of court process.
Since the PDP’s challenge was dismissed, there was no valid ruling nullifying the elections at the Court of Appeal level.
B. Implications for the APP Case
The Action People’s Party (APP) filed a separate case at the Federal High Court, resulting in the nullification of the local government elections.
However, since the Federal High Court lacked jurisdiction, its judgment was a nullity from the start (nullity ab initio).
With the PDP case struck out at the Court of Appeal, the APP case collapses legally, as a superior court ruling now renders any similar challenge unsustainable.
- Have the Sacked APC Local Government Chairmen Been Reinstated by Implication?
The Court of Appeal did not expressly order the reinstatement of the APC local government chairmen. However, by striking out the PDP case without nullifying the elections, the court indirectly affirmed the legality of their tenure.
Sections 7 and 197 of the Constitution protect the tenure of elected local government officials unless properly removed through due legal process.
The principle of stare decisis (judicial precedent) dictates that unless a valid court order removes them, they remain legally recognized.
Consequently, any attempt to remove the APC chairmen without proper legal justification is legally questionable.
- Is Any Reliance on the Federal High Court Judgment Valid?
The Federal High Court judgment in this matter is a nullity because:
It lacked jurisdiction, as established in Section 251 of the Constitution.
Judicial precedent confirms that local government election disputes fall under State High Courts or election tribunals.
The Court of Appeal’s ruling indirectly nullifies reliance on the Federal High Court judgment, as a judgment given without jurisdiction is void and has no legal effect.
Final Legal Position
The Federal High Court, Osogbo, had no jurisdiction to nullify the Osun local government elections.
The Court of Appeal’s striking out of the PDP case reinforces that there was no valid legal challenge to the elections.
The APP case is legally unsustainable, as it relied on a judgment that lacked jurisdiction.
The sacked APC local government chairmen were not properly removed in line with constitutional and electoral laws.
Any reliance on the Federal High Court judgment is legally defective.
Conclusion
While my position may be uncomfortable for some within the PDP, truth and justice must always prevail.
The Federal High Court had no jurisdiction, and its judgment cannot be relied upon to justify the removal of the APC local government chairmen.
For the sake of posterity and justice, due process must be followed in resolving this local government crisis in Osun State.
A Note to My PDP Family
Dear Esteemed PDP Family,
My legal opinion on the Osun State local government crisis should not be misinterpreted as anti-party. Rather, it reflects an objective truth, rooted in my commitment to the rule of law and the integrity of our party.
As a minister in the temple of justice, my duty is to uphold the law with steadfast honesty. I firmly believe that truth serves the PDP and Osun State best.
I reaffirm my steadfast commitment to our party’s success and the progress of our people.
Written by Chief Olawale Ojoge-Daniel
BSc Politics-Philosophy-Economics, LLB (BL)
Baamofin of Kajola Ijesa-Kingdom
C.E.O. JAFETO-E CENTRE FOR PEOPLE’S RIGHTS AND ALTERNATIVE DISPUTE RESOLUTION
