After listening to the submission by Chief Mike Ozekhome, SAN, on Channels Television Politcs on Sunday with Seun Okinbaloye , I am compelled to make this intervention.
Let me state clearly from the outset that, contrary to the view held by Chief Ozekhome, SAN, as at today, the only valid judgement is the Appeal Court judgement of February 10, 2025, reinstating the sacked Council Officials.
Contrary to Ozekhome's claim, the court indeed reinstated the sacked Council chairmen and councillors.
These were the pronouncements made by the court: "This Appeal is meritorious and is hereby allowed."
Without getting too legalistic, it will be preposterous for anyone to hold that the February 10 judgement did not reinstate the sacked Council Officials, taking into cognisance the prayers of the APC before the learned justices of the Appeal Court.
The APC had prayed the court to grant the following reliefs: “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 Appellants’ 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, an Order restoring the Appellants back into their offices having been duly elected by the citizens of Osun State, and (any) such further or other Orders as this Honourable Court may make in the circumstances of this appeal.”
And all the reliefs sought, particularly an Order “restoring the Appellants back into their offices having been duly elected by the citizens of Osun State,” were all granted by the Appeal Court. So, what exactly is the Benin Chief talking about?
In case Chief Ozekhome does not know, the first judgement obtained in this matter was obtained by the Peoples Democratic Party (PDP) on November 25, 2022. Ordinarily, by virtue of Section 138(1) of the Electoral Act, notwithstanding the purported sacking of the Council officials by the Federal High Court, they are entitled to continue to enjoy the benefits of office untill the matter is dispensed with by the final court.
However, rather than wait until the final court makes its pronouncement, Governor Ademola Adeleke, upon being sworn in on Sunday, November 27, 2022, announced the sacking of the Council Officials vide an Executive Order relying on the 25th November, 2022 judgment.
Whereas, the judgement from the Action People's Party (APP) suit, which the PDP and their sympathisers are clinging to, came on November 30, after the governor had taken action. Therefore, technically speaking, that judgement is of no effect, especially because it was not different from that of the PDP, earlier obtained, which was the basis upon which the All Progressives Congress (APC), had approached the court in the first instance.
Although, the APC applied for a stay of execution, it was erroneously denied it. Nonetheless, it continued with the matter by filing a notice of Appeal.
Let me remind my readers once more that when Ogbeni Rauf Aregbesola took over in 2010, PDP elected Local Government officials were in place. In spite of the fact that the Action Congress (AC), as it was then known, had challenged the conduct of the election, the same way the PDP did in 2022, the Action Congress of Nigeria (ACN) that later took over the reign of government in 2010, did not dissolve the PDP Council officials. Instead, the government allowed the case to run its full course. Hon. Bamidele Salam , a serving member of the House of Representatives from Osun, was a beneficiary of that scenario.
So, let's stop misleading the public!
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