A foremost constitutional lawyer, Prof. Mike Ozekhome, SAN, has petitioned the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), demanding the enforcement of the June 13, 2025 Court of Appeal judgment that affirmed the legitimacy of the Osun State local government elections conducted by the Osun State Independent Electoral Commission (OSSIEC) in February 2025.
He, on behalf of the current Osun Local Government Chairmen and Councillors, submitted a Certified True Copy (CTC) of the appellate judgment to the AGF in a letter dated June 23, 2025
The Ministry of Justice on June 24, acknowledged the petition’s receipt.
Copies were also sent to key federal and security agencies, including the Accountant General of the Federation, CBN Governor, Inspector-General of Police, and Director-General of the DSS, among others.
Legal Background
In his petition, Ozekhome reviewed the origins of the crisis, referencing two suits—FHC/OS/CS/94/2022 and FHC/OS/CS/103/2022v— which challenged the legality of the October 2022 local government elections conducted by OSSIEC under the then APC-led Osun State Government.
The suits, filed by the Peoples Democratic Party (PDP) and the Allied Peoples Party (APP) respectively, led to a Federal High Court ruling that declared the elections “unconstitutional, invalid, null and void” for violating key provisions of the 1999 Constitution and the Electoral Act 2022. As a result, all officeholders elected in that exercise were sacked.
The APC filed two appeals:
In CA/AK/270/2022, the Court of Appeal dismissed the PDP’s suit as speculative but did not reinstate the APC officials, effectively leaving the High Court’s ruling intact.
The second APC appeal, CA/AK/266M/2024, was struck out on February 13, 2025, for abandonment.
Efforts to relist the appeal were subsequently rejected in a judgment delivered on June 13, 2025, in CA/AK/15/2025.
The three-man appellate panel, led by Justice Peter Chudi Obiorah (JCA) and comprising Justices Oyebisi Omoyele and Hadiza Rabiu Shagari, reaffirmed the validity of the OSSIEC elections held on February 22, 2025, which produced the current PDP Chairmen and Councillors.
Key Court Findings
Ozekhome cited the appellate court’s pronouncement:
> “The dismissal of the appeal means that there being no existing appeal against the judgment of the lower court, the said judgment stands as the authority defining the state of affairs as it regards the status of the officers of the various Local Government Councils in Osun State.”
He also referenced an earlier judgment that declared:
> “The lower court delivered its judgment on 30th November 2022, effectively nullifying the election into the Local Government Councils across Osun State and sacked all individuals occupying offices by virtue of the said election.”
Ozekhome’s Demands to the AGF
In his letter, Ozekhome made eight specific demands:
1. Immediate enforcement of the Court of Appeal judgment in CA/AK/15/2025.
2. Non-recognition of any claim by the sacked APC Chairmen and Councillors.
3. Withdrawal of the AGF’s earlier directive of March 26, 2025, which had recognized the APC Chairmen.
4. Instruction to the CBN and relevant authorities to cease allocation of funds to the dismissed officials.
5. Formal recognition of the PDP Chairmen and Councillors as the lawful local government officials.
6. Release of all pending federal allocations to the valid PDP-led councils.
7. Withdrawal of federal security operatives currently supporting APC officials at council secretariats.
8. Protection for the legitimate PDP Chairmen and Councillors to prevent harassment and obstruction.
Appeal for Rule of Law
Prof. Ozekhome concluded his letter with an appeal for impartial justice:
“Your office remains the symbolic guardian of the rule of law in Nigeria. It ought to act dispassionately, shunning partisanship in favour of the ruling APC government.
“In the interest of our hard-earned constitutional democracy, good governance, legal certainty, and democratic integrity, we respectfully urge you to ensure that the judgments of courts in this dispute are fully and faithfully complied with and duly enforced.
“Sir, kindly help to bring about peace in Osun State through your immediate intervention.”
