The Action Peoples Party's Judgement is a judgement in Rem which binds on everyone in the State --- Osun Attorney General, Jimi- Bada

 The Action Peoples Party's Judgement is a judgement in Rem which binds on everyone in the State --- Osun Attorney General, Jimi- Bada

In the wake of the widely publicized and extensively debated judgment of the Court of Appeal sitting in Akure, concerning the dismissed local government chairmen and councilors in Osun State, it is imperative to provide a precise and well-articulated clarification. The High Court had previously nullified their election, citing egregious irregularities and a brazen disregard for the meticulously established electoral guidelines set forth by the Osun State Independent Electoral Commission (OSIEC).

Given the latest judicial pronouncement, I earnestly appeal for calm and restraint, as no explicit court order has been issued to impede or obstruct the seamless conduct of the forthcoming local government election.

To offer a comprehensive background, the Peoples Democratic Party (PDP) had initially instituted legal proceedings, vehemently challenging the election on the grounds that OSIEC had egregiously failed to issue an official election notice before proceeding with the contentious electoral process. While the PDP’s lawsuit was actively pending in court, the party sought a significant amendment to its suit, which the Federal High Court subsequently granted. However, in its meticulous analysis, the Court of Appeal astutely ruled that the PDP’s case was premature at the time it was instituted, as OSIEC had not yet formally issued an election notice. Consequently, the Court of Appeal unequivocally dismissed the PDP’s case, asserting that the legal challenge had been initiated before the official election notice was published.

Simultaneously, in a parallel legal battle, the Action People's Party (APP) also mounted a formidable challenge against the same election, citing grievous irregularities and flagrant procedural violations. The APP ultimately secured a momentous judgment nullifying the election—mirroring the prior verdict obtained by the PDP. As a direct consequence, all individuals occupying local government offices at the time were promptly and definitively removed. However, while OSIEC vigorously pursued an appeal against the High Court ruling in the PDP case, it notably refrained from appealing the APP’s case. Furthermore, other litigants involved in the suit failed to advance the matter at the Court of Appeal, leading to the subsequent striking out of the appeal.

By logical extension, the subsisting judgment obtained by the APP, which unequivocally nullified the election, remains legally binding, enforceable, and indisputable. It is critically important to underscore that no consequential order was issued to reinstate the sacked local government officials or to impede the smooth conduct of the impending local government election. Therefore, there is absolutely no cause for apprehension, undue speculation, or alarm.