• Says Court Of Appeal Judgment Did Not Invalidate Reinstatement Of APC Council Officials

The State Legal Adviser for the All Progressives Congress in Osun State, Chief Adegoke Ogunsola has cautioned the state government against inciting the public on the Appeal Court ruling of June 13, 2025.

Ogunsola accused the state governor, Senator Ademola Adeleke of plan to hijack the local government secretariats with force, appealing to heads of security agencies to call the governor to order.

Ogunsola, in a statement he personally signed, a copy obtained by OSUN DEFENDER, accused the state government of resulting to all manner of desperate antics to cause confusion in the interpretation of the Court of Appeal ruling of 13th January and the judgment of 10th February 2025.

The APC legal adviser said the reason why the attempt by the party to relist its appeal was rejected was because the Court of Appeal had decided the same issues raised by the Appeal in Appeal No. CA/AK/270/2022 in its judgment of 10th February 2025 which reportedly reinstated the Chairmen and Councilors elected under the platform of APC.

According to him, “the wild efforts of the government of Mr. Ademola Adeleke and its People’s Democratic Party political marauders have called for the need to make this publication.

“Since the duo lost control of the local government administration in Osun State following the judgment of the Court of Appeal of 10th February 2025, they have resorted to all manner of desperate antics to cause confusion in the interpretation of the Court of Appeal ruling of 13th January and the judgment of 10th February 2025.

“We, therefore, consider it important to urge all security agencies and all Nigerians in general to ignore this latest attempt of desperation and harassment by the government of Mr. Ademola Adeleke and its PDP handlers to confuse the polity and seize by the force of arms the local government administration in the State of Osun.

“We urge the Attorney General of Federation and Minister of Justice, the Inspector General of Police, the Director of State Security Services, and all other heads of other security apparatuses in the country to call the government of Governor Adeleke to order and to refuse to be used to hijack legitimate local government administrations from the democratically elected Chairmen and Councilors in the State.

“Any attempt by the government of Governor Adeleke and its PDP desperadoes to unleash mayhem as they did on 17th February 2025, which led to the unfortunate assassination of Honourable Remi Abass and six other leaders and members of APC, shall be vehemently resisted legally and may lead to breakdown of law and order.”

Speaking on the June 13 Court of Appeal ruling which refused the relisting of an earlier appeal by the APC, Ogunsola said, “The latest acts of mischief unleashed by the Governor and his party men were caused by the latest decision of the Court of Appeal of 13th June 2025 refusing to relist the appeal of the Allied People’s Movement (APM) and the All Progressives Congress (APC). The major reason for the refusal to relist the appeal is that the same Court of Appeal had decided the same issues raised by the Appeal in Appeal No. CA/AK/270/2022 in its judgment of 10th February 2025 which reinstated the Chairmen and Councilors elected under the platform of APC during the October 15th, 2022 local government elections.

“It must be recalled that by the decision of the Court of Appeal delivered on 10th February 2025, the Court expressly allowed the appeal of APC against the judgment of the Federal High Court, which nullified the election of the Chairmen and Councilors elected on the platform of APC.

“The Court of Appeal found the appeal lodged by APC to be meritorious and expressly allowed same and awarded costs in favour of the APC and against the PDP.

“By the above and contrary to the misinterpretation that the government of Mr. Jackson Ademola Adeleke has been trying to foist on Nigerians in general and the security agencies in particular, it is imperative to set out the prayers contained in the Amended Notice of Appeal and Brief of Argument of the APC which were found to be meritorious and allowed by the Court of Appeal thusly: “An Order allowing this appeal, 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).

“An Order granting the Appellant’s Motion on Notice to dismiss suit dated 28th October 2022.

“An Order Setting aside and nullifying the Judgment of the lower Court delivered on 25th November 2022.

“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.

“An Order dismissing Suit No: FHC/OS/CS/94/2022 and An order restoring the appellants back into their offices having been duly elected by the citizens of Osun State.

“The prayers above were granted and allowed by the Court of Appeal on 10th February, 2025 and same was never appealed. The implication, as stated by the Court of Appeal in the judgment of 13th June 2025, is that the same Court cannot sit on appeal on those prayers as it is only the Supreme Court that can entertain an appeal in respect thereof.

“The effect of the above is that both decisions of the Federal High Court in Suit No. FHC/OS/CS/103/2022 filed by APP and Suit No: FHC/OS/CS/94/2022 filed by PDP must give way to the decision of the Court of Appeal in Appeal No. CA/AK/270/2022 delivered on 10.02.1025 since the two suits are on the same facts and cause of action before the same judge.”

Ogunsola argued that the lead judgment delivered by Justice Obiorah, JCA, stated that “And the judgment of the Federal High Court, in Suit No. FHC/OS/CS/94/2022 which nullified the said election, the 1st Appellant in the aforesaid appeal is the same Appellant/Applicant in the instant application under consideration, I draw attention to this fact to show that the 3rd Appellant/Applicant who was pursuing the sister appeal based on the same fact and similar judgment of the same judex – Ayo Emmanuel J, cannot claim ignorance for not compiling the record of appeal or have any credible reason for abandoning the pursuit of this appeal that was dismissed on 13th January 2025, the sudden attempt to resurrect this appeal into the decision of this court in the sister appeal will only lead to confusion and this court will resist such attempt to lure it to unwittingly sit on appeal or review its decision in Appeal No: CA/AK/270/2022…”

He noted that the “above is the reason the Court of Appeal did not relist the Appeal in Appeal No. CA/AK/CS/226M/2022, and by which the Court affirmed its decision of 10th February 2025. The reference made by the court to the appeal dismissed for want of prosecution on 13th January 2025 as constituting the state of affairs is with respect to the decision of the Federal High Court the purport of which the Court of Appeal decision of 10th February 2025 had overruled and pursuant to which the same Court of Appeal cannot sit over the same issues again otherwise it would lead to confusion.”

The statement further said, “Rather than showing appreciation of this wisdom of the Court of Appeal shrouded in the garment of legal principle of stare decisis, Governor Ademola Adeleke and the PDP have sought to mischievously mislead the public in a manner that further proves their usual lack of respect for judicial process and the rule of law.

“They hurriedly prepared concurring judgment of the Presiding Justice which made failed attempts to accord recognition to the purported local government elections claimed to have been organized by PDP is at variance with the leading judgment thereby making same a mere obiter or a mere judicial gossip. It enjoys no recognition in law.

“Moreso, the purported elections of 22nd February 2025 unsuccessfully sought to be incorporated in the ruling never existed as at the time of putting a mere motion for relisting before the Court of Appeal on 23rd January 2025.

“None of the parties in the motion for relisting sought Court pronouncement on the purported 22nd February 2025 elections.”