NO CONSEQUENTIAL ORDER RESTRAINING THE CONDUCT OF THE LOCAL GOVERNMENT ELECTION

 NO CONSEQUENTIAL ORDER RESTRAINING THE CONDUCT OF THE LOCAL GOVERNMENT ELECTION



By:- Oluwaseun Olamiposi Arewa. 


Following the judgment of the Court of Appeal sitting in Akure, which has been widely celebrated in the media regarding the sacked local government chairmen and councilors in Osun State, it is important to clarify certain details. The High Court had earlier nullified their election, citing irregularities and flagrant disobedience to electoral guidelines set by the Osun State Independent Electoral Commission (OSIEC). In response,  I wish to appeal for calm as no court order has been issued to stop the conduct of the forthcoming local government election.


It is important to recall that the PDP had initially approached the court, challenging the conduct of the election on the grounds that OSIEC had failed to issue an official election notice. While the PDP's case was already in court, it sought an amendment to its suit, which was granted by the Federal High Court. However, the Court of Appeal ruled today that the PDP’s case was premature at the time it was filed since OSIEC had not officially issued an election notice. Consequently, the Court of Appeal in Akure dismissed the case of PDP on the ground that the notice of the election had not been published by OSSIEC before the suit was filed. 


Meanwhile, there was another case challenging the same election, filed by the Action People's Party (APP), citing irregularities. The APP successfully secured a judgment nullifying the election, similar to the verdict earlier obtained by the PDP. This judgment effectively removed all individuals occupying local government offices at the time. However, while OSIEC pursued an appeal against the High Court judgment obtained by the PDP, it did not appeal the APP’s case. Additionally, other parties involved in the suit did not further the case at the Court of Appeal, leading to the appeal being struck out.


By implication, the earlier judgment obtained by the APP, which nullified the election, remains valid and enforceable. It is important to emphasize that there was no consequential order reinstating the sacked local government officers or stopping the conduct of the forthcoming local government election. Therefore, there is no cause for alarm. Further details on the next line of action will be communicated in due course.

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