VINDICATION FOR OSUN LG CHAIRMEN: Appeal Court Sets Record Straight. By Popoola Opeyemi Utility

The Court of Appeal's decision on Osun LG Chairmen has finally brought clarity to the situation. 

The certified true copy (CTC) of the Appeal Court Decision in CA/AK/270/2022 was released on February 13, 2025. 

The 53-page judgment, delivered by Abubakar Muazu Lamido JCA, allowed the appellants' appeal, effectively restoring the LG Chairmen to their seats.

Key Takeaways from the Appeal Court Judgment:

1. OSIEC's preliminary objection dismissed*: The Court rejected OSIEC's preliminary objection against the appellants' appeal.

2. PDP's challenge struck out: The Court struck out the originating summons in suit No: FHC/OS/CS/94/2022, which was the PDP's challenge to the 2022 LG elections

3. Justice Ayo-Emmanuel's orders declared invalid*: The Court stated 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. Costs awarded to appellants*: The Court awarded ₦250,000 costs to the appellants.

Implications of the appeal Court Judgment:

1. LG Chairmen's positions remain intact*: The Court allowed the appeal without restrictions, implicitly granting all reliefs sought by the appellants.

2. No valid court judgment exists to vacate LG Chairmen's seats*: The Court's decision means there's no valid court judgment that can vacate the 2022 elected LG chairmen's seats.

3. LG elections remain valid and uncontested: The Yes/No LG elections of 2022 remain valid and uncontested.

4. LG officials protected by Supreme Court judgment: Following the recent Supreme Court Judgement on LG Autonomy, neither governors nor state assemblies can dissolve democratically elected LG officials.

The controversy surrounding this judgment was avoidable, and the Appeal Court's stern reprimands highlighted the urgent need for reform in Nigeria's legal practice. The Court criticized the partisan conduct of OSIEC and sharp practices by respondent lawyers in the case.

The Court of Appeal's decision has brought clarity to the situation, restoring the LG Chairmen to their seats. The implications of this judgment are significant, and it's essential to understand the details to appreciate the impact on Osun State's local government.

Popoola Utility Opeyemi  , writing from Boripe LG, Iragbiji, Osun State.