…Contempt proceedings referred To Lower Court
The Court of Appeal sitting in Akure has struck out a request by the All Progressives Congress (APC) to relist its appeal against the Federal High Court judgment that nullified the controversial September 2022 local government elections in Osun State.
The elections had produced the so-called “Yes or No” APC chairmen which were effectively nullified by the Federal High Court with attendant appeal by the Apc dismissed by the Appeal Court.
In a firm ruling read by Justice Obiora upon unanimous decision of the three Judges on Friday, the court also condemned the APC’s misrepresentation of its February 10, 2025 judgment.
The court clarified that it never reinstated the sacked APC chairmen, warning the party against distorting the court’s decisions for political gain.
The justices emphasized that the judiciary must not be treated as an extension of any political organization.
“It is a case of violenti non fit injúria, they cannot complain on a self inflicted injury. Equity aids the vigilant, and not the indolent,” the Appeal Court held.
Justice Obiora further held that “If they knew their tenure is just three years, and they went to sleep over their Appeal against their sack for two years, it is inconceivable.”
“There are three appellants with one joint Notice of Appeal, only one party is making an application to relist. Even if that one party can come alone, what are the reasons for bringing this application? If the APC is sincere, as a party that has many candidates affected by the Appeal, one wonders why they went to sleep and failed to transmit records on time in accordance with the law and the rules of the court.
“I draw attention to this fact in order to show that the 3rd appellant applicant (APC) who was pursuing the sister appeal based on the same facts and similar judgement of the same Judex, Ayo Emmanuel J, cannot claim ignorance for not compiling the records of Appeal or have any credible reason for abandoning the prosecution of this Appeal that was dismissed on the 13th day of January, 2025.
“The sudden attempt to resurrect this appeal through this same court will only lead to confusion and this Court will resist such attempt to lure it to unwittingly seat on Appeal in CA/AK/270/2022. Everything in this application shows that the third appellant has not shown good cause why this application should be granted. The fate that has befallen them is self-inflicted. It is therefore my conclusion that this Appeal lacks merit and it is accordingly, dismissed.
