Court of Appeal's Decision on Osun LG Chairmen: Setting the Record Straight

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By Misbau Alamu Lateef, PhD

After what seemed like an endless wait, and during which time the term “CTC” became so popular in Osun and beyond, the CTC (certified true copy) of the Appeal Court Decision in CA/AK/270/2022 delivered on 10/02/2025 has now been released today 13/02/2025 to all parties in the suit.

I have read the 53-page judgement delivered by Abubakar Muazu Lamido JCA, with the concurrence of two other Justices, I can now authoritatively confirm that the Court of Appeal has effectively restored the LG Chairmen to their seats by allowing the appellants’ appeal.

The Court explicitly stated: “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.”

More specifically, the Court of Appeal reached the following conclusions:

1) Dismissed OSIEC’s preliminary objection against the appellants’ appeal.

2) Struck out the originating summons in suit No: FHC/OS/CS/94/2022 (i.e. PDP’s challenge to the 2022 LG elections).

3) That Justice Ayo-Emmanuel of the Federal High Court Osogbo lacked jurisdiction to make orders directing “elected Local Government Officials to vacate their offices”

4) Awarded ₦250,000 costs to the appellants.

Now, It’s important to note that when an appellate court allows an appeal without restrictions as it did above, all reliefs sought by the appellants are implicitly granted.

Since the appellants sought restoration of the dissolved LG Chairmen, their positions remain intact. Had the Court of Appeal intended to deny any relief, it would have explicitly stated so.

The implications of the foregoing are clear:

1) No valid court judgment exists vacating the 2022 elected LG chairmen’s seats.

2) The Yes/No LG elections of 2022 remain valid and uncontested.

3) Following the recent Supreme Court Judgement on LG Autonomy, neither governors nor state assemblies can dissolve democratically elected LG officials. Thus, the chairmen’s positions remain protected as I type now.

4) OSIEC cannot conduct new elections while legally recognised incumbents remain in office.

As an aside, the controversies that trailed the judgment of the Appeal Court were entirely needless. Unfortunately, some lawyers failed their supposed noble calling, the public, and their clients in telling the truth or the whole truth.

The Court of Appeal came down heavily on the partisan conduct of OSIEC and sharp practices by respondent lawyers in the case, stating:

“A lawyer has duty to the Court. I am not sure if this type of conduct is approved of by the Rules of Professional Conduct for lawyers.

Howbeit, it is the duty of counsel to uphold and observe the rule of law, promote and foster the cause of justice, maintain a high standard of professional conduct and must not engage in any conduct unbecoming of a status of a legal practitioner – by forming an untruly alliance with the plaintiff/1st respondent..”

The Court further noted: “The 3rd respondent (OSIEC) can feel free to blow hot and cold, he can approbate, reprobate, and even take a somersault but not without dire consequence.

The consequences of this show of lack of integrity and good faith on the part of the 3rd respondent in handling this case professionally is to discountenance both the preliminary objection and the 3rd respondent’s brief of argument.

Thus, the appeal will be determined on the strength of the appellants’ brief and the 1st respondent’s brief only.”

I have quoted the above reprimands extensively just to highlight the egregious challenges bedevilling our society and the contribution of some unscrupulous lawyers to that unfortunate situation.

Finally, the stern reprimands by the Appeal Court further highlight the urgent need for reform in our legal practice in Nigeria.

The controversy surrounding this judgment was entirely avoidable had professional ethics been strictly observed.

And because many professionals chose to fail in their callings, the circumstances threw many enemercy and quack social media lawyers mischievously twisting and manipulating well settled legal principles. Shame on them all.

Misbau Alamu Lateef, PhD
Writes from Akogun Odugbire Compound
Ifon, Orolu Local Government Area of Osun State.