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No Cause For Alarm – : OSSIEC Clarifies Pending Litigations Over LG Election

Posted on January 19, 2025

News Update

Osun State Independent Electoral Commision hereby wishes to clarify some misinformation and prooaganda in the media space by some peddlers of falsehood and arch propagandists. From the Information made available by the OSSIEC Legal Department, there are 6 cases in all against the Commision. Two appeals, two at the Federal High Court, two before the State High Court. The two appeals were against separate decisions of the Federal High Court sitting in Osogbo delivered by Hon. Justice Ayo Emmanuel on 25th November, 2022 and 30th November, 2022.

The two decisions nullified the 2022 local government election, and as a consequence sacked the purported elected council officials who all belonged to the APC.

Two separate appeals were lodged against the said two separate decisions. The first appeal appeal was filed jointly by the APC and some her purported candidates at the election while the other appeal was against yet another decision of the Federal High Court to the same effect of sacking the purported elected officials. The said second appeal had APM, BABARINDE NURUDEEN IDOWU & the APC as the Appellants. On Monday 13th January, 2025, the Court of Appeal sitting in Akure dismissed the appeal jointly filed by the APM, BABARINDE & the APC for reason of abandonment.

The effect of that decision is that the judgment of the Federal High Court dated 30th November, 2022, nullifying the purported local government elections in Osun State, thereby sacking the purported elected officials, all of whom belonged to the APC, is validly subsisting, appeal against same having been dismissed.

The first appeal has been argued and judgment has been reserved. We must clarify that whatever the outcome of the appeal slated for judgment is, there is a subsiting judgment of the Federal High Court which nullified the 2022 local government elections and which sacked the purported elected officials. A clear explanation to this is someone having two armed robbery decisions against his person, in which he has been sentenced to death in both decisions, and one of the decisions is still validly subsisting while the other is awaiting a judgment on appeal, no matter the outcome of the appeal, he is still not going home as he is bound to die by virtue of the conviction in the other judgement which is still validly subsisting.

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There are two other cases before the Federal High Court, sitting in Osogbo, one was filed by the APC against the appointment of the OSSIEC Chairman, Hashim Abioye Esq., while the other was filed by the SDP seeking the nullification of the process of the local government elections. The one filed by the SDP is coming up on Monday 20th January, 2025, we will not say more abiut that.

The one seeking the disqualification of the person of the OSSIEC Chairman has been slated for hearing before the Federal High Court. We are to clarify that there is no restraining order against the OSSIEC Chairman, there is no order stopping the election and there is nothing against the process of the election as the suit is about the eligibility of the present OSSIEC Chairman which case is not yet heard. We must add that the Federal High Court is the Court of first instance in this particular suit, as there are two other levels of Court above the Federal High Court to settle the matter therein. We understand the propaganda being shared all over social media platforms as if the Federal High Court has disqualified or sanctioned the OSSIEC Chairman which insinuation only exists in the wild imagination of the promoter. We reiterate that the suit is still pending before the Federal High Court and the Commission will not go the way of media propaganda being shared all over postulating and promoting reliefs that are never before the Court in a suit that is well established as a personal attack, malice and vendetta against the OSSIEC Chairman who effectively resigned his membership of the political party he initially belonged long before his appointment. That is what the promoters of falsehood are brandishing all over.

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They have even written judgement in favour of themselves on the social media. For reason of subjudice, we will not go into details here as against the unwelcome, embarrassing and unwarranted attitude of the promoters of lies.

The two other suits before the State High Court were also filed by the APC. One is for the APC mainly to have some its purported candidates to be on the ballot for the election. Note that the said purported candidates were never those submitted by the APC in its list of candidates to the Commision after conduct of primaries. They are battling their way in Court and there is no order stopping the process of the election in anyway. The suit has been adjourned till 10th February, 2025 for hearing.

The other suit before the State High Court was also filed by the APC challenging the Osun State Independent Electoral Commission (Amendment No.1) Law, 2024, regarding constitution of the Election Tribunals. That suit is yet to be given date and the Commision just got hint of the said latest suit filed on 30/12/2024.

We wish to inform the general public to remain focused as the election process proceeds seamlessly, legitimately and steadily without hitches, and ultimately the Commision says there is no cause for alarm.

Sadiat Isiaka,
OSSIEC Information Officer

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