The political turmoil involving local government councils in Osun State has escalated as reinstated officials from the All Progressives Congress (APC) have initiated legal proceedings against the federal government and the state governor, aiming to extend their time in office.
These officials, who regained their positions following a Court of Appeal ruling, are petitioning the Federal High Court to affirm their term extension until February 2028, rather than allowing it to expire this October.
The lawsuit has been filed by Saheed Onibonokuta and seven other local council chairmen against several parties, including the Attorney General of the Federation, the Inspector General of Police, Governor Ademola Adeleke, the state Attorney General, the Osun State Independent Electoral Commission (OSIEC), and the state House of Assembly.
This legal action marks a significant development in a prolonged struggle for control over local councils. The APC officials were initially elected in October 2022, but were dismissed by Governor Adeleke following a Federal Court ruling that deemed their election invalid. Their reinstatement in February 2025, through a Court of Appeal decision, has complicated matters, as new officials from the Peoples Democratic Party (PDP) had already assumed office following local elections held on February 22.
In the originating summons submitted by their attorney, Muhideen Adeoye, the claimants contend that their tenure should be calculated from the date they were reinstated, rather than from their original election date.
Referencing Sections 6(6)(b) and 7 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Section 91 of the Osun State Independent Electoral Commission Law, 2022, and various sections of the Local Government (Administration) Law, Cap. 72A, Laws of Osun State, Adeoye articulated that “the claimants’ tenure of office should commence upon their inauguration and the assumption of their roles as democratically elected representatives of the local government councils in Osun State.”
The court documents further assert: “By interpreting Section 91 collectively, the claimants, who were unable to hold their first session as democratically elected members of the local government councils in Osun State before February 9, 2025, cannot be compelled to vacate their positions on October 17, 2025, or any other date in October 2025.”
The claimants have also disputed the legitimacy of the February elections that resulted in the PDP officials taking office, arguing that OSIEC lacked the legal authority to conduct elections while their tenure was still active.
They are seeking multiple court declarations, including that “OSIEC cannot legally issue a notice of polls, conduct elections, and inaugurate a new set of council members while the current tenure is still in effect,” and that all actions taken to install new council members are “illegal, unlawful, invalid, unconstitutional, null, and void.”
Furthermore, they have requested the court to prevent Governor Adeleke and the other defendants from taking any actions to remove them from office before February 19, 2028.
The ongoing crisis has significantly hindered local government operations in the state, with the Nigeria Union of Local Government Employees (NULGE) ceasing work and council allocations being withheld.
This situation underscores the persistent political tensions in Osun State and illustrates the complexities arising from conflicting court judgments and political transitions at the local government level.
The case is currently ongoing at the Federal High Court, with stakeholders awaiting the court’s ruling on these matters.
