… Affirms APC Elected Council Chairmen, Councillors’ Reinstatement
The Ruling Accord in Osun State under the governorship of Governor Ademola Adeleke on Tuesday suffered a great setback following a judgment of the Federal High Court dismissing a suit filed against the reinstated Council Chairmen and Councillors in the state.
The Court also acknowledged the February 10th Court of Appeal judgment reinstating the incumbent Chairmen and Councillors elected under the umbrella of the All Progressives Congress APC in the state.
Recall that Action Peoples Party, APP had earlier approached the Federal High Court in March, 2025 and sought committal to prison the Chairmen and Councilors elected on 15th October, 2022 in Osun State for occupying the councils from 17th October, 2025.
While delivering judgment in the Suit FHC/OS/CS/103/2022, between APP v. INEC & Ors, Honourable Justice Demi-Ajayi held that the Federal High Court judgment that sacked the Chairmen and Councilors on 25th November, 2022 was meritoriously set aside on 10th February, 2025 as a result of which they cannot be said to be in contempt of court by resuming offices.
The court held that the appeal filed on the APP judgment delivered on 30th November, 2022 was dismissed by the Court of Appeal on 13th June, 2025 without making any further order indicating that the Court of Appeal did not make any pronouncement on the said APP judgment beyond dismissal of the APC motion to relist the APP appeal so dismissed.
The court further held that all it could be found was that the two judgments were on the same subject matter by the same court on the local government councils elections held on 15th October, 2022. The question then was issue of superiority of judgment between the two.
The court carefully evaluated the facts and law placed before it and first determined the Preliminary Objections of the Respondents. The court upheld the relief two of the Preliminary Objections filed by the learned Counsel to the Respondents, Muhydeen Adeoye Esq., in favour of the Respondents on the issues of defective service of the initiating process which was held material in a suit commenced by way of contempt proceedings and resolved same in favour of the Respondents.
Court held that it was only the APC that was effectively served personally and no valid service was ever effected on other Respondents and therefore struck out the names of the 2nd to 32nd Respondents, the Chairmen and Councilors elected on 15th October 2025.
The court however upheld the submission of the Counsel to the Plaintiff, Musbau Adetumbi, SAN on the issue of court the Plaintiff having locus to institute the action having been the beneficiary of the judgment delivered on 30th November, 2022.
The court in the substantive suit determined the issue of contempt only in respect of the All Progressive Congress as being the only Respondent before the court. The court stated that Suit FHC/OS/CS/94/2022 which gave rise to the decision of the appellate court in CA/AK//270/2022 and FHC/OS/CS/103/2022 are similar in nature and as such the APC would not be liable for contempt in the face of CA/AK/270/2022 and held that issue of contempt filed by the Plaintiff was lacking in merit and same was dismissed.
The court held that parties is to bear their respective cost.
In his remarks after the judgment, counsel representing the Plaintiff, A. A. Abass Esq commended the Court for the sound judgment saying the “verdict is a testament to justice seen, justice served” just as another counsel for Respondents, Muhydeen Adeoye Esq hailed the court for what he described as “a well considered judgment.”