Osun Government Cannot Lawfully Hold Fresh LG Elections Now – AGF

The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, has advised the Osun State government to cancel its plans for the local government elections scheduled for Saturday, February 22.

Fagbemi emphasized that any election held under the current circumstances would be unlawful, as the term of office of the local government officials, recently restored by the Court of Appeal’s judgment, will continue until October 2025. He warned that proceeding with the election would be a serious violation of the Constitution, which Governor Adeleke had sworn to uphold.

In a statement released on Thursday night, the AGF called on Governor Adeleke to act in accordance with the law and to avoid instigating unnecessary violence in Osun State.

“Nobody benefits from violence. Therefore, it is crucial for Governor Adeleke to advise the Osun State Independent Electoral Commission (OSIEC) to shelve the idea of proceeding with the Local Government Election at this time,” the AGF said.

Fagbemi also addressed the public outcry surrounding the judgment of the Court of Appeal, which overturned a previous ruling by the Federal High Court in Osogbo. The Appeal Court’s judgment, delivered on February 10, 2025, invalidated the decision that had dissolved the local government elected officials in Osun State and replaced them with caretaker appointees.

The AGF clarified the legal context, explaining that the original election of local government officials, held during the tenure of former Governor Adegboyega Oyetola, was valid until the Federal High Court’s decision to nullify it. Following that ruling, Governor Adeleke replaced the elected officials with caretakers. However, the Appeal Court’s decision reversed this, effectively reinstating the democratically elected officials to their posts until their term concludes in October 2025.

Fagbemi emphasized that the appeal by the All Progressives Congress (APC) resulted in a ruling that restored the previously removed officials, and that this judgment is now the binding legal position.

Despite this, Governor Adeleke has insisted on proceeding with new local government elections in February. The AGF stressed that the recent Supreme Court ruling on local government autonomy further reinforced the necessity for the smooth and lawful transition between elected officials, in line with their three-year tenure.

“The judgment of the Court of Appeal, delivered on February 10, 2025, is the only legally enforceable judgment in this case. The dissolution of the democratically elected officials has been nullified, and the constitutional order before that dissolution must be restored immediately,” Fagbemi concluded.

He also offered his office’s assistance in resolving the matter peacefully, prioritizing the stability of Osun State and the country as a whole.