The ongoing power struggle for the control of local government councils in Osun State stems from the actions of former Governor Gboyega Oyetola, now the Minister of Marine and Blue Economy. After losing the July 2022 governorship election to Senator Ademola Adeleke, Oyetola, who had governed with caretaker chairmen for over three years, abruptly decided to conduct local government elections just three months before the end of his tenure. This move was met with resistance from all political parties except his own, the All Progressives Congress (APC), as the legally required notification period for such elections is 360 days, not the two months offered by Oyetola. Despite legal challenges, Oyetola proceeded with the elections, which were boycotted by other parties. The People’s Democratic Party (PDP) and the Action People’s Party (APP) separately filed lawsuits challenging the legality of the elections.
The legal challenges to Oyetola’s local government elections resulted in two key judgments. Both the PDP and APP lawsuits successfully argued at the Federal High Court that the elections were illegal due to insufficient notice, leading to the nullification of the results and the removal of the elected APC council officials. While APC appealed both judgments, they later abandoned the appeal against the APP’s ruling, allowing it to become legally binding. However, the APC pursued the appeal against the PDP’s judgment, exploiting a technicality: the PDP had filed its suit before the official election notice was issued, rendering it speculative. The Court of Appeal agreed, striking out the PDP’s case but crucially, stopping short of reinstating the sacked chairmen.
The APC’s claim of reinstatement based on the Court of Appeal’s decision regarding the PDP case is misleading. While the Court of Appeal struck down the PDP’s case, it did not explicitly order the reinstatement of the APC council officials. Furthermore, the APP’s successful and unchallenged legal victory stands, making its judgment the valid and prevailing legal position. The APC officials, despite lacking a clear legal basis, resorted to self-help by forcibly occupying the local government offices, even breaking into locked facilities. The incumbent PDP government insists the APC should have sought clarification or enforcement through established legal channels if they believed they had a case. Instead, their actions highlight a disregard for the rule of law.
The core issue in the Osun local government control crisis centers on which court judgment takes precedence. The PDP case, while initially successful, was later struck out on a procedural technicality, meaning the court did not address the substance of the election’s legality. In contrast, the APP case proceeded on merit, addressing the core issue of insufficient notice and ultimately leading to the annulment of the elections. Legal precedent dictates that a judgment on merit outweighs a case dismissed due to technicalities. Thus, the APP’s victory, affirmed by the Court of Appeal, stands as the legally binding decision, leaving the APC’s claim of rightful occupancy without merit. The dismissal of the PDP’s case due to premature filing does not invalidate the APP’s separate and substantive victory.
The ongoing crisis raises questions about the political landscape in Osun State. The APC’s actions, including forcibly occupying government offices despite lacking a clear legal mandate, have been interpreted as a desperate attempt to regain power. The PDP alleges that the timing of these actions, coinciding with upcoming elections, is further evidence of the APC’s desperation. The violence that erupted on Monday, resulting in casualties and injuries, further underscores the tense atmosphere surrounding the local government control issue. The PDP government is documenting these incidents and vows to pursue legal action.
The implications of this crisis extend beyond immediate local government control and potentially impact the 2026 governorship election. The APC’s actions have been perceived by some as a sign of what to expect in future elections, raising concerns about potential for continued conflict and disregard for legal processes. While the crisis presents a serious challenge, the incumbent PDP government expresses confidence in the people’s resilience and their preparedness to resist such tactics. The current situation serves as a stark example of the potential for political disputes to escalate into violence and disruption, underscoring the need for adherence to legal processes and respect for court judgments.
