Hot SourceYinka Kolawole in Osogbo
Renowned constitutional lawyer and Senior Advocate of Nigeria(SAN), Prof. Mike Ozekhome, has faulted a letter authored by his learned colleague, Mr. Kunle Adegoke, SAN, over claims regarding the status of the sacked local government chairmen in Osun State.
In a detailed rejoinder made available to journalists, Prof. Ozekhome described Adegoke’s widely circulated seven-page letter, dated June 26, 2025, as “misleading” and “legally distorted,” particularly in its interpretation of the Court of Appeal judgment in Appeal No: CA/AK/270/2022.
Ozekhome noted that Adegoke failed to extend the courtesy of sharing the letter with him directly, despite referencing his legal opinion extensively. “That omission speaks volumes,” he remarked.
He clarified that the Court of Appeal, in its judgment delivered on February 10, 2025, did not affirm the reinstatement of the APC chairmen and councilors who were removed following the controversial local government elections of October 15, 2022. According to him, the appellate court merely struck out the PDP’s suit on procedural grounds, having deemed the issues “academic.”
“The court made it clear that it did not delve into the merits of the alleged reinstatement. Any contrary claim is plainly false,” Ozekhome stated.
He accused the Osun State chapter of the APC of deliberately misrepresenting the ruling in a bid to regain control of the local councils, warning that such conduct undermines both judicial integrity and democratic principles.
Prof. Ozekhome further emphasised that the judgment of the Federal High Court in Suit No: FHC/OS/CS/103/22, delivered on November 30, 2022, had unequivocally sacked the APC officials. He added that all attempts to relitigate or overturn that judgment have failed. He pointed out that the Court of Appeal dismissed the APC’s appeal on January 13, 2025, for lack of diligent prosecution and subsequently rejected their application for relisting on June 13, 2025.
“Even after fresh elections were conducted on February 22, 2025, to fill the vacant council seats, the APC still falsely paraded the claim of being reinstated,” he added.
Ozekhome also referenced a separate suit filed by the Action Peoples Party (APP), which led to the nullification of the APC-led local elections. That judgment, he noted, remains valid and binding pursuant to Section 287(3) of the 1999 Constitution.
He criticised Mr. Adegoke for what he described as “a deliberate attempt to mislead” the Chief Law Officer of the Federation and other authorities by presenting a distorted legal narrative.
“It is disheartening when senior members of the Bar resort to twisting judicial pronouncements for political ends,” Ozekhome stated, urging the authorities to rely on authentic court judgments, not partisan interpretations.
He challenged Adegoke and the APC to produce any portion of the Court of Appeal judgment where it explicitly ordered the reinstatement of the sacked officials, stressing that no such directive exists.
Prof. Ozekhome, therefore, respectfully urged the Honourable Attorney-General of the Federation and Minister of Justice to: give effect to the Court of Appeal judgment delivered on June 13, 2025, which reaffirmed the valid Federal High Court judgment of November 30, 2022, and which remains binding under Section 287(3) of the 1999 Constitution (as amended); issue appropriate directives to the Inspector-General of Police and other security agencies to vacate all illegal occupiers from the Local Government Council Secretariats across Osun State who continue to parade themselves as APC chairmen and councillors without any valid judicial or electoral mandate; recognise and provide full legal backing to the PDP chairmen and councillors who were duly elected on February 22, 2025, pursuant to the valid OSSIEC notice of February 19, 2024, and in accordance with the Electoral Act 2022;refrain from entertaining or acting upon any misleading correspondence or submissions aimed at resurrecting a dismissed appeal, or destabilizing the lawful government of Osun State at the local level through judicial manipulation or political subterfuge; protect and uphold the Constitution, the rule of law, and democratic governance, by ensuring that justice is not only done, but is manifestly seen to be done, in line with binding court decisions and existing electoral laws.
Prof. Ozekhome concluded by reaffirming his confidence in the Attorney-General’s commitment to constitutionalism and called for swift action to prevent further erosion of public confidence in the legal and democratic process.
