A constitutional lawyer, Prof. Mike Ozekhome, SAN, has rebutted claims made by his learned colleague, Kunle Adegoke, SAN, regarding the legal status of sacked local government chairmen in Osun State.
In a detailed rejoinder released to the media, Ozekhome described Adegoke’s widely circulated seven-page letter dated June 26, 2025, as “misleading” and a “distortion of legal facts,” especially in its interpretation of the Court of Appeal judgment in Appeal No: CA/AK/270/2022.
Ozekhome criticized Adegoke for not extending the professional courtesy of sharing the letter directly, despite extensively referencing his legal opinion. “That omission speaks volumes,” he noted.
Clarifying the appellate ruling, Ozekhome emphasized that the Court of Appeal’s decision on February 10, 2025, did not reinstate the APC Chairmen and Councillors removed after the controversial October 15, 2022, local government elections.
He stated that the court merely struck out the PDP’s case on procedural grounds and never ruled on the substance of the reinstatement claims.
“The court clearly held the matter to be academic. Any suggestion that it affirmed reinstatement is entirely false,” Ozekhome declared.
He accused the Osun APC of deliberately misrepresenting the judgment in a bid to illegitimately reclaim control of local councils, warning that such tactics undermine judicial authority and democratic order.
Ozekhome reaffirmed the validity of the Federal High Court’s judgment (Suit No: FHC/OS/CS/103/22) delivered on November 30, 2022, which sacked the APC officials. He also noted that:
The Court of Appeal dismissed the APC’s appeal on January 13, 2025, for lack of diligent prosecution.
A subsequent application to relist the appeal was rejected on June 13, 2025.
Fresh elections were validly conducted on February 22, 2025, to fill the vacant positions.
He also referenced a separate ruling in a case brought by the Action Peoples Party (APP), which had earlier nullified the October 2022 elections—a decision that remains binding under Section 287(3) of the 1999 Constitution.
“It is troubling when senior lawyers attempt to manipulate court rulings for political ends,” Ozekhome said, calling on the Attorney-General of the Federation to base all actions on valid, subsisting judgments.
He challenged Adegoke and the APC to produce any portion of the appellate ruling that expressly ordered reinstatement. “No such directive exists,” he said firmly.
To restore legal order and constitutional integrity, Ozekhome urged the Attorney-General to:
– Give effect to the binding Federal High Court ruling of November 30, 2022, as reaffirmed by the Court of Appeal;
– Instruct security agencies to vacate illegal occupants from council secretariats;
– Recognise the PDP Chairmen and Councillors elected on February 22, 2025;
– Disregard politically motivated attempts to revive dismissed legal claims; and
– Uphold the rule of law and democratic governance in Osun State.
Prof. Ozekhome expressed confidence in the Attorney-General’s commitment to constitutionalism and urged swift action to prevent further erosion of public confidence in Nigeria’s judicial and democratic institutions.
