Osun APC and It’s Struggle for Legitimacy, by James Bamgbose

The political landscape in Osun State became a theater of intense drama mixed with ignorance and illiteracy on Monday. It is best to say that if the devil labour for 20 hours a day, Osun APC labour for 23 hours a day to legitimise the illegitimate Yes or No Local Government Election.

The APC has seen a momentous erosion of its support base, leading to desperate scrambling and frustration to maintain relevance. This desperation has manifested in what many perceive as malicious acts of frustration, and recent misinterpretation of court rulings to force themselves on the people.

The most recent event in this saga is the Court of Appeal judgment delivered on Monday, 10th February 2025, concerning the “Yes or No” local government election held on 15th October 2022. This judgment has further exposed the party’s internal chaos and outrageous display of ignorance coupled with the inability to accept the reality of its rejection by the people.

While a former Attorney General of the State and other politically motivated legal practitioners have dropped their subjective takes for the release of the CTC of the judgement, it raises a big question about whether their partisanship had made them forget all they learnt.

Monday was filled with a lot of congratulations and threats to resume office the following day. Many of the embattled beneficiaries were further pushed to make additional unrecoverable losses in a bid to celebrate what never happened or let me say a pronouncement that was never made– at least,that is a reward for their foolishness.

This premature celebration was met with a flash of reality that evening when an unofficial release made its way out that the affected political functionaries put a hold on their threatened resumption. Those who were threatening to resume office during the day suddenly remembered the rule of law.

To understand the gravity of the situation, it is essential to delve into the background of the court judgments surrounding the “Yes or No” election. On 25th November 2022, the Federal High Court delivered a judgement on a suit filed by the People’s Democratic Party (PDP), challenging the validity of the election. The judge nullified the election and sacked the beneficiaries of the “Yes or No” exercise. This was a weighty blow to the APC, which had hoped to use the election to consolidate its hold on local government administration in the state after losing the July 16, 2022 gubernatorial election.

However, the party’s troubles did not end there. In another suit filed by the Action Peoples Party (APP), the Federal High Court, on 30th November 2022, also nullified the election and sacked the beneficiaries. This meant that two separate court judgements had invalidated the election, leaving the APC in a precarious position.

The APC, unwilling to accept these judgments, decided to appeal both rulings. However, its appeal against the Federal High Court’s decision on the APP suit was eventually abandoned and dismissed by the Court of Appeal in Akure on 13th January 2025. By dismissing the appeal, the Court of Appeal effectively affirmed the lower court’s judgment, upholding the nullification of the election. This was another setback for the APC, as it meant that the party’s attempt to overturn the nullification of the election had failed. On the other appeal, on Monday, 10th February 2025, the Court of Appeal delivered its judgement on the PDP’s suit.

The court dismissed the lower court’s decision on a technicality, ruling that the notice of election had not been published by the Osun State Independent Electoral Commission (OSSIEC) before the suit was filed. This rendered the PDP’s challenge invalid, and the court struck out the suit, implying that it never existed in the eyes of the law.

While this judgement might appear to be a victory for the APC, it is, in reality, a pyrrhic one. I have listened to a series of analysis of the CTC of the judgement by lawyers and I picked a clue from the nonpartisan lawyers as it only makes logical sense, unlike the analysis of the Osogbo PhD Lawyer who finds it difficult to give objective submission.

The court’s decision was based on a technicality rather than the merits of the case, and it did not address the substantive issues raised by the Appellant. Most importantly, the judgement was silent on the demands of the appellant concerning reinstatement as some of the issues were referred to as an academic exercise which the court is not prepared to venture into.

The APC’s celebration of this judgement as an order of reinstatement is, therefore, misplaced and indicative of the party’s desperation. The party has been struggling to maintain its relevance in Osun State, having lost the support of the people in successive elections. Its recent actions to force itself down the throats of the masses reflect its frustration and inability to come to terms with its rejection by the electorate.

The party’s leadership has been unable to keep its members together, with many defections to the ruling party while some of its members are dividing the party with AMBO and Alubarika agitations. Others have become disillusioned with the APC’s direction. This internal disarray has further weakened the party’s position and made it difficult for it to mount a credible challenge in future elections whether in 2025 or 2026.

The APC’s recent actions are also a clear attempt to avoid another defeat in the upcoming elections. The party has suffered three consecutive defeats in Osun State, and its leadership is acutely aware that a fourth defeat would be catastrophic for its prospects as 2026 gubernatorial election is near.

By latching onto the Court of Appeal’s judgment on the PDP’s suit, the party is trying to create a false narrative of victory and legitimacy of the Yes or No election beneficiaries. However, this narrative is built on a shaky ground, as the judgement did not address the substantive issues surrounding the “Yes or No” election.

Going by the ruling of the Honourable Justices, the suit never existed. Moreover, the party’s celebration of the judgment ignores the fact that the election remains nullified by the Federal High Court’s decision in the APP suit, which has been affirmed by the Court of Appeal.

The APC’s desperation and confusion are further evident in its contradictory actions. If the party had so much confidence in the validity of the “Yes or No” election, it would not have shown interest in the February 22, 2025, election. The fact that it is now trying to use the Court of Appeal’s judgment to legitimize the nullified election is a clear indication of its lack of confidence in its own position.

The party’s leadership is aware that it cannot win a free and fair election in Osun State, and it is therefore resorting to legal technicalities and misinterpretation of court rulings to force itself on the people. An approach that is not only undemocratic but also counterproductive, as it further alienates the electorate. The party that has failed to adapt to the political landscape changes in Osun is relying on outdated strategies and tactics. It is important to emphasize that the Monday victory was not on the merit of the case but rather on the speculative action of the PDP by filing a case prematurely. The people of Osun State have made it clear that they no longer support the APC, and the party’s refusal to accept this reality is a major obstacle to its revival in the state.

The APC’s desperation is also evident in its attempts to create a false sense of legitimacy around the nullified “Yes or No” election. The party has been trying to convince the people that the election was valid and that its beneficiaries are the legitimate representatives of the local government areas. However, this narrative is contradicted by the Federal High Court’s decision in the APP suit, which nullified the election and sacked its beneficiaries.

The Court of Appeal’s affirmation of this decision means that the election remains nullified, and the APC’s attempts to create a different narrative are futile. The APC’s misinterpretation of the Court of Appeal’s judgment does not only reflect desperation but also shows its lack of respect for the rule of law. The party has been trying to use the judgment to legitimize the nullified “Yes or No” election, even though the judgment did not address the substantive issues surrounding the election. This is a clear attempt to manipulate the legal process for political gain, and it undermines the integrity of the judiciary.

To say the least, their recent action raises questions about the party’s commitment to upholding democracy. Trying to force itself on the people through the misinterpretation of court rulings, the party is undermining the will of the electorate and creating a sense of disillusionment with the political process. This is a dangerous development, as it erodes trust in democratic institutions and creates the conditions for political instability. The people of Osun State have the right to choose their leaders through free and fair elections conducted through the right process, and any attempt to subvert this process is a threat to democracy.

James Bamgbose is the Deputy Director of Media, Osun PDP and can be reached via email at bamgbosejames9@gmail.com

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