I just read with disbelief a State High court ruling claiming to be mandating the State Independent Electoral Commission (OSIEC) to proceed with tomorrow proposed illegal election.
It is important to explain that the ruling has no consequence on the resumption of APC localy government chairmen. For any doubts, it is only the Supreme Court or Stay of Execution from the Appeal Court that can stop the resumption as directed by the Appeal Court.
As it is standing today, the biding order is the court of appeal judgment as the superior court. It is settled in law that a lower court cannot interpret the order of court of coordinate jurisdictions such as Federal High Court and State High Court not to talk of appeal court as applicable in this matter. You don't need to be misled by "putative lawyers" before you understand that a lower court is inferior in this circumstances.
To the best of my knowledge, APC has indicated its position earlier that the party is not interested in the election because the local government positions are not vacant and any election into such offices amount to treasonable felony which is punishable under the law as expressly interpreted by the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi.
It is an exercise in futility. The elected APC Chairmen and Councilors have resumed in their various local governments and already working on policies and intervention to revive the grassroots development rapidly; therefore, the said judgment on election should not be the business of the chairmen and councilors. It is mere waste of time and resources.
What is important is for the security agents to continue to protect the chairmen and councilors as lawful occupants of the local government’s Secretariats. The activities of the security agents in maintaining law and order so far is commendable after the gruesome murder of Comrade Remi Abass. What is paramount is for the chairmen to resume to their stations on Monday with security protection and continue to discharge their responsibility to their constituents at the various local government secretariats. They must also ensure cooperation and security of career officers, especially the members of Nigeria Local Government Employee (NULGE).
However, to show the futility of the Jankara Order of the PDP and their accomplices, it is important to point out the following :
i. The parties to the suits are not adversaries. The essence of the court is for dispute resolution between adversaries. The OSSIEC want election to hold, PDP want the election to hold and the controversial Chairman of OSSIEC, Hashim Abioye, equally wants the election to be conducted. The question is, what is the difference between PDP, OSSIEC and Hashim that want election to hold by hook or by crook? They are basically the same. For better understanding, it is like the popular skit makers, Sidi, Apankifor and Okolo, after producing a skit, they now approach the court to give an other that the skit should be posted on Apankifor or Okele tiktalk page. The fact is that are the bird of the same feather.
ii. When you file a Motion on Notice, the idea is that the other parties have seven days to respond by the rule of High Court of Osun state. The question is, while a motion filed on 18th February 2025 was heard on the 21st of February 2025, what happened to the statutory seven-day right of reply of the respondents? Did the judge know they were not going to oppose or why didn't he tarry for the statutory seven-day window when the right of response will lapse in accordance with the rule of the court? In this case, the court was complicit by given a date when the Motion on Notice was not ripe for hearing.
iii. According to the ruling in circulation, the court, in an interlocutory injunction, says there is a vacancy in the local government and election should be conducted. What would now be the decision of the court in the substantive matter?
iv. You claim you are interpreting APP judgment,whereas APP is not even joined in this matter. The question is, can court of coordinate jurisdictions interpret their judgment as applicable in this case where State High Court is interpreting the Federal High Court judgment? Apparently no. it is only an Appeal Court that can interpret the high court judgment.
By and large, whatever in the ruling should not be the business of APC in Osun State and elected chairmen . This is a lost battle for OSSIEC. They can win win at the supreme court or any other time, but this one is lost completely, they only want to create needles crisis.
Kehinde Ayantunji
Ward 9, Iree,
Boripe Local Government.
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