Finally the matter is laid to rest like a boy that died and his spirit refused to rest, until a sacrifice is made to the gods, the crisis that was manipulated into the local government councils by deliberately mischievous people has gone to be with the Lord.
Appeal Court has once again confirmed that indeed the Ademola Adeleke-led Osun State Government was right even though an Osun State High Court has also held that vacancies existed in Osun local government councils and was right to have held an election to fill those vacancies.
For discerning minds, we have often said that the Osun APC knew it had no judgment to back the claim that the appeal court ordered reinstatement of its sacked council chairmen and councilors because there was indeed no such order. I will try as much as possible not to use any legal jargon so that everybody can understand plainly.
The Appeal Court reaffirmed its stands on Friday when it said, “And the judgment of the Federal High Court, in Suit No. FHC/OS/CS/94/2022 which nullified the said election, the 1st Appellant in the aforesaid appeal is the same Appellant/Applicant in the instant application under consideration, I draw attention to this fact in order to show that the 3rd Appellant/Applicant who was pursuing the sister appeal based on the same fact and similar judgment of the same judex – Ayo Emmanuel J, cannot claim ignorance for not compiling the record of appeal or have any credible reason for abandoning the pursuit of this appeal that was dismissed on 13th January, 2025.
“The sudden attempt to resurrect this appeal into the decision of this court in the sister appeal will only lead to confusion and this court will resist such attempt to lure it to unwittingly sit on appeal or review its decision in Appeal No: CA/AK/270/2022.”
This is the question the Appeal Court is raising, why the sudden attempt to resurrect this appeal which was dismissed because you failed to do what you were supposed to do for over two years?”
Meaning that you can not have two appeals cases before the same court, pursue one, abandon the other, then come back after it has been struck out because now you know the other ruling did not favour you.
This is the point in that statement, the appeal court technically married its two rulings and has openly exposed the ignorance veined by the Osun APC, the Attorney General of the Federation, Lateef Fagbemi SAN, the Inspector General of Police, Kayode Egbetokun of the its ruling on the case by the APP.
It also reaffirmed its ruling in the case of PDP vs APC stating clearly that APC coming because to relist the appeal in APP vs APC is a case with ‘SAME FACT AND SIMILAR JUDGEMENT’, which invariably means that the ruling of the Appeal Court in affirming the decision of the Federal High Court is the same in both cases, which means APC Chairmen and Councilors remains sacked in both Appeal and that the attempt to relist the case will only lead to confusion which means there was no confusion all the while except as it was orchestrated.
One thing that is worthy of note is that while the APC is pursuing its appeal in the case by the PDP, it abandoned the case against it by the APP for two years before it was dismissed in January 2025.
After the ruling in the case against the APC by the PDP with which APC claimed it won and forcefully took over local government councils aided by the Nigeria Police, APC then went back to the same Appeal Court they claimed reinstated its Chairmen and Councilors to apply to relist the case against it by the APP.
Let me paint a picture, its like a student who was caught cheating and was subsequently dismissed by a University panel but went back home rejoicing. Indeed the University panel that dismissed such students knows that the student is dismissed, the same student can not expect his name on the graduation list or go back to the same panel to request to be retried.
The Appeal Court now said, “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.
“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.
“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.”
Appeal Court is now saying what has befallen the Osun APC is self-inflicted because the chance to follow its case had elapsed.
Now lets even discuss this in plain terms, why does APC need the case to be relisted if indeed the Appeal Court had reinstated its Chairmen and Councilors in the first instance through the ruling in the case against it by the PDP.
It then further means that the duly elected Chairmen and Councilors were indeed elected in February 2025, and that denying Osun Local Governments its allocation by the Central Bank through the Ministry of Finance as advised by the AGF is a deliberate attempt by Osun APC and its leaders to cripple the administration of Ademola Adeleke.
There is a slight anger in the ruling by Appeal Court on Friday and it really tongue-lashed Osun APC for deciding to come back and relist a case dismissed after two years, in fact APC lawyers were scolded to claiming there was no communication between them and APC within that two years and wanting the court to admit that as the reason for it to relist the case. They described it as lack of integrity.
Now this is the crux of the conversation, if Osun APC decides to approach the Supreme Court over the matter, it would further reinstate the fact that Osun APC indeed knew that its council Chairmen and Councilors were indeed sacked and it lost both appeals.
If Osun APC Chairmen and Councilors therefore continues to parade themselves as duly elected after the Court of Appeal had affirmed the decision of the Federal High Court in both cases, they are impostors and illegal occupants.
Whatever legal action the Osun state government decides to take against them will be very valid and legal.
It is also important to call the attention of the Inspector General of Police, Kayode Egbetokun and the Attorney General of Federation, Lateef Fagbemi SAN to take note of the ruling of the Appeal Court and not claim they are unaware of the ruling like they did when this controversy started.
Sola Isola is a Media Aide to Governor Adeleke.
