Renowned constitutional lawyer and human rights activist, Professor Mike Ozekhome (SAN), has recommended that fresh elections be conducted to resolve the local government council dispute in Osun State.
In a statement released on Thursday in Abuja, Ozekhome noted that holding new elections is the only solution to save the state from “needless orchestrated violence.”
According to his interpretation of the Court of Appeal judgment, the appellate court did not reinstate the sacked local government officials but only struck out the case brought by the Peoples Democratic Party (PDP).
He said, “I watched with dismay and disgust as certain LG officials forcefully barged into the LG headquarters, attempting to reclaim office under the false and erroneous belief that the judgment of the Court of Appeal in the PDP case had reinstated them. Such an act was nothing short of brigandage and a crude resort to self-help. It must be condemned in the strongest terms, and I so condemn it. It was selfish and uncalled for.
“In the same vein, all those who aided and abetted this democratic aberration must be identified and prosecuted, no matter how highly placed they are.”
Ozekhome clarified that the Court of Appeal never validated the election conducted by the Osun State Independent Electoral Commission (OSIEC) in 2022. The appellate court merely struck out the PDP’s case without addressing the validity of the elections or commenting on the sacked officials’ positions.
“Contrary to the position of the sacked LG officials who sought to reclaim their offices forcibly, the Court of Appeal never reinstated them. Any claim to that effect is a deliberate distortion of facts and a resort to sophistry,” Ozekhome stated.
He further explained that the only consequential order made by the Court of Appeal was a directive for the PDP to pay the appellants costs of ₦250,000. There was no order reinstating the ousted chairmen.
Ozekhome urged all political parties in Osun State to prepare for fresh polls, allowing them to test their popularity in a free, fair, and credible election. He advised politicians to desist from dragging the judiciary into political battles, urging them to “play clean politics.”
The senior advocate also refuted allegations of judicial complicity in the Osun State LG imbroglio, asserting that the judiciary acted in good faith and remained committed to upholding the rule of law and electoral integrity.
“It is now the responsibility of law enforcement agencies and government institutions to ensure that judicial decisions are respected and upheld. All persons and authorities must obey court judgments. Parties are not permitted to pick and choose which judgments to obey or disobey,” he stated.
Ozekhome highlighted that the judiciary’s decisions in both the PDP and All Progressives Congress cases demonstrated the supremacy of the Electoral Act over state laws in regulating local government elections.
He concluded by referencing the legal doctrine of “covering the field,” which invalidates any state law inconsistent with federal laws, rendering such laws null and void to the extent of their inconsistency.
