Adegoke SAN Defends Appeal Court Ruling, Asserts APC Chairmen Were Reinstated — Dismisses Ozekhome’s Claims
The crisis crippling local government administration in Osun State has entered its fourth month with no end in sight, as two of Nigeria’s foremost legal minds—Prof. Mike Ozekhome, SAN, and Kunle Adegoke, SAN—have taken sharply opposing stances on who holds legitimate authority at the grassroots level.
Since February 2025, governance at all 30 local government councils and the Area Office has been effectively stalled. The Nigeria Union of Local Government Employees (NULGE) has downed tools in protest, citing confusion and conflict between rival Peoples Democratic Party (PDP) and All Progressives Congress (APC) factions both claiming to be in charge.
In a letter dated June 23 and sent to the Attorney-General of the Federation (AGF), Lateef Fagbemi, as well as the Central Bank of Nigeria and national security agencies, Prof. Ozekhome argued that the Appeal Court judgment delivered on February 10, 2025, did not reinstate the sacked APC chairmen and councillors. According to him, the ruling lacked a “consequential order” and therefore did not nullify the PDP’s February 22 elections.
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“The judgment in CA/AK/270/2022 was silent on reinstatement,” Ozekhome stated, insisting the Federal High Court’s earlier verdict that removed the APC officials still stands legally.
He stressed that without an explicit directive from the Appeal Court, the APC has no legitimate claim to return to office and that the PDP-led councils remain validly elected.
But Kunle Adegoke, SAN, counsel to the APC officials, fired back in a separate letter dated June 26, addressed to the same authorities. He maintained that the Appeal Court judgment in February 2025 is binding and favors the APC.
Adegoke argued that the court not only struck down the Federal High Court decision but affirmed the legality of the APC’s electoral process. He said the PDP’s legal challenge was dismissed for being speculative, having been filed before the Osun State Independent Electoral Commission (OSSIEC) had even issued an election notice.
While Ozekhome referenced a June 13 ruling as further validation for the PDP’s victory, Adegoke dismissed the point, clarifying that the reference to the PDP’s election appeared only in a concurring opinion—not the lead judgment, which is what holds legal authority.
“The reference was obiter dicta—an aside, not binding law,” Adegoke asserted.
As the legal showdown escalates, Osun’s local councils remain in limbo. With both parties clinging to legal interpretations and court rulings, grassroots governance continues to suffer, leaving citizens without basic services and representation.
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