Appeal Court judgment CTC released,

PRESS RELEASE

Court of Appeal only treated the preliminary issues, did not pronounce on the main issues,

The judgment does not contain any order of reinstatement

Federal High Court judgment in APP vs OSSIEC & ors subsits.

APC lies deflated as Osun state Government is vindicated,

Appreciates President Bola Ahmed Tinubu and the Security Operatives for upholding the rule of law.

Osogbo- 14/02/2025 – osunstate.gov.ng

It would be recalled that the Court of Appeal delivered a judgment on Monday 10th February on the Appeal filed by the APC against the judgment of the Federal High Court between the PDP vs OSSIEC and others. People should also recall that, immediately after the judgment was delivered, the APC went to town with Propaganda, that the judgment delivered by the Court of Appeal has reinstated their YES/NO local Government Chairmen back to the local Government Councils. It would also be recalled that, the Government was very prompt in debunking the false claims of the APC on the judgment.

Yesterday, the Certified True Copy of the Court of Appeal judgment was released, the CTC clearly shows that, the Court of Appeal did not treat the merit of the case, that would have made the judgment obtained by the APP which equally nullifies the YES/NO local Government Election but only treated the preliminary issue of whether the Originating process filed by the PDP was competent or otherwise, which is a mere technicality.

Consequently, the Court of Appeal found that the Originating process filed by the PDP was incompetent and was struck out along with the suit no: FHC/OS/CS/94/2022
For the avoidance of doubt, the prayers of APC before the Court of Appeal are as follows:

RELIEFS SOUGHT FROM THE COURT OF APPEAL

(A) An Order allowing this appeal.
(B) An Order setting aside the Ruling delivered by the Lower Court on 15th September, 2022 and dismissing the 1st Respondent’s Motion on Notice to amend dated 29th August, 2022 (but filed on 2nd September, 2022).
(C) An Order granting the Appellants’ Motion on Notice to dismiss suit dated 28th October, 2022.
(D) An Order setting aside and nullifying the Judgment of the Lower Court delivered on 25th November, 2022.
(E) An Order invoking Section 16 of the Court of Appeal Act to determine the suit of the 1st Respondent on the basis of the Originating Summons dated 27th July, 2022.
(F) An Order dismissing Suit No: FHC/OS/CS/94/2022.
(G) An Order restoring the Appellants back into their offices having been duly elected by the citizens of Osun State.
(H) Such further or other orders as this Honourable Court may make in the circumstances of this appeal.

And from the CTC of the judgment of the Court of Appeal, the Court held as follows:

In the circumstances; with the resolution of the two issues in favour of the appellants, it follows that this appeal is meritorious and it is accordingly allowed. The amended originating summons is hereby struck out for incompetence. Consequently Suit No: FHC/OS/CS/94/2022 be and is hereby struck out.

Cost of #250,000:00 to the appellants against the 1st Respondent.

From the two extracts above, it is very clear that only prayers a, b, c and d were granted while the Court of Appeal refused other prayers including the prayer G where they specifically prayed the Court for reinstatement.

Consequently, the current position of things as at today in relation to the YES/NO local Government Chairmen of Alhaji Gboyega Oyetola is the subsisting judgment in suit no: FHC/CS/OS/which equally nullified the local Government election conducted on 15th October, 2022 and which has not been invalidated in anyway by the current decision of the Court of Appeal which is based on preliminary issues, majorly on technicality, rather than the substance of the case.

By way of flash back

It would be recalled that, after the July 16, 2022 Election in Osun State, Governor Ademola Adeleke defeated former Governor Oyetola. OSSIEC under the then former Governor Adegboyega Oyetola, who had hitherto refused to conduct a local government election for almost three and half years of his administration, but appointed his stooges to the various local government to man them as Caretaker Chairmen, hurriedly rushed to conduct an election into various local governments so as to put back his stooges into the local governments in the name of election.

To that effect, the required notice for the conduct of such election was not given and so all political parties decided to boycott the election.

However, two political parties, PDP and APP approached the Federal High Court separately and they made OSSIEC and APC among others as parties to the suit.

The two cases were not, however, consolidated and judgments were given by the Federal High Court through Justice Emmanuel of the Federal High Court separately.

The judgment in the suit filed by the PDP was given on 25/11/2022 whereas the judgment in the suit filed by the APP was delivered on 30th day of November, 2022 wherein all the so called elected officers of Yes/No local government elections were asked to vacate offices.

The APC filed an appeal against the two judgments separately. The appeal number against that of the judgment obtained by the PDP is CA/AK/270/2022 while the appeal number in the judgment obtained by APP is CA/AK/226m/2024.

On getting to the Court of Appeal, the APC abandoned the Appeal in respect of the APP case. The Appeal was eventually dismissed on 13th January, 2025, making the judgment subsisting and legally binding.

The APC pursued the appeal against the PDP and the judgment was delivered on 10th February, 2025, but struck out on the ground that the case of PDP which was filed at the Federal High Court was premature having been filed before the actual notice was given.

No positive or consequential order was given in respect of the case.

To the dismay and surprise of everybody in Osun State, the APC went to town celebrating that they would take over the various local government councils in the state on the basis of the Court of Appeal judgment which nullified the PDP case for want of jurisdiction.

Osun state government under the leadership of His Excellency, Senator Ademola Jackson Nurudeen Adeleke, however, came out to inform them of the subsisting judgment of another Federal High Court which they have abandoned.

However, they still went on rampage with their usual propaganda twisting the law, recklessly boasting of using the FEDERAL MIGHT that, the President of the Federal Republic of Nigeria, President Bola Ahmed Tinubu will help them to subvert the rule of law.

Therefore, Osun State Government is using this medium to appreciate the President of the Federal Republic of Nigeria, President Bola Ahmed Tinubu, a Democrat par excellence for refusing to do the will of Osun APC who are always proud that, Mr President will always be at their mercy to subvert the will of the people.

In the same vein, we equally appreciate, in no small measure, all the security chiefs in Nigeria, most especially , IGP Kayode Egbetokun, the Director General of DSS, Mr Ademola Oluwatosin Ajayi, Commandant General of Nigeria Security and Civil Defence Corps (NSCDC), Dr. Ahmed Abubakar Audi, among other highly valued security operatives in Nigeria for refusing to subvert the rule of law in Osun State .

Meanwhile, we want to use this medium to drum it to the ears of the Osun APC and their apologists on the importance of always receiving wise counsel from competent and professionally groomed lawyers and not from the APC National Secretary, Ajibola Bashiru, a putative PhD holder whose legal reasoning is always beclouded by a tall and unrealistic ambition of becoming the Governor of Osun state, at all cost.

We also appreciate the people of Osun State for refusing to be cowed with the propaganda and the threat to subvert democracy by the dying APC in Osun State .

Finally, we want to restate and also reaffirm that, the local government elections throughout Osun State scheduled for 22nd of Feb 2025 will hold as planned .

E Signed
Oluomo Kolapo Alimi
Hon. Commissioner for Information and Public Enlightenment.