- Professor Mike Ozekhome called for fresh elections in Osun State to resolve the ongoing local government crisis and avoid further violence
- He clarified that the Court of Appeal’s decision did not reinstate sacked officials, but only struck out the PDP’s case
- Ozekhome urged all political parties to prepare for fair elections, stressing the importance of respecting court decisions and playing clean politics
Renowned constitutional lawyer and human rights advocate, Professor Mike Ozekhome (SAN), has called for fresh local government elections in Osun State to resolve the ongoing dispute that has sparked violence and political tension across the region.
In a statement issued on Thursday, February 20, in Abuja, Ozekhome described new elections as the only viable solution to avoid "needless orchestrated violence" and restore peace to the state.
He emphasised that the Court of Appeal’s recent judgement did not reinstate the sacked local government officials, as widely misconstrued, but rather struck out the case brought by the Peoples Democratic Party (PDP).
"I watched with dismay as certain local government officials forcefully barged into their offices, wrongly believing that the Court of Appeal ruling had reinstated them. Such behaviour was nothing short of brigandage and a reckless resort to self-help. It was both selfish and completely unwarranted," Ozekhome stated.
The senior advocate further condemned those who facilitated this unlawful act, calling for the identification and prosecution of all individuals involved, regardless of their status.
In his clarification of the Court of Appeal’s decision, Ozekhome insisted that the ruling did not validate the local government elections held by the Osun State Independent Electoral Commission (OSIEC) in 2022.
Rather, the appellate court simply struck out the PDP’s case without addressing the legitimacy of the elections or the positions of the dismissed officials.
"Contrary to claims from the sacked officials, the Court of Appeal did not reinstate them. Any assertion to that effect is a deliberate distortion of the facts and a dangerous attempt to mislead the public," he said.
Ozekhome highlighted that the only directive from the Court of Appeal was for the PDP to pay costs of ₦250,000 to the appellants. There was no ruling on the reinstatement of the ousted chairmen.
The constitutional expert called on all political parties in Osun State to prepare for fresh, credible elections, providing voters with an opportunity to choose their leaders in a free and fair process. He also urged politicians to avoid turning the judiciary into a political battlefield, advising them to “play clean politics.”
Addressing concerns about the judiciary’s role in the crisis, Ozekhome rejected allegations of judicial bias, insisting that the courts had acted in good faith and remained committed to upholding the rule of law. He stressed the importance of respecting court decisions and ensuring that judicial rulings are upheld by all parties involved.
"It is now the responsibility of law enforcement agencies and government institutions to ensure that court orders are respected. No one is above the law, and it is crucial that all parties comply with judicial decisions," Ozekhome said.
He also noted that the judiciary’s rulings in both the PDP and All Progressives Congress (APC) cases underscored the supremacy of the Electoral Act over state laws concerning local government elections.
Ozekhome further referenced the legal doctrine of "covering the field," which renders any state law inconsistent with federal legislation null and void.
LGs should manage their funds, Supreme Court rules in local government autonomy suit
Meanwhile, TheRadar earlier reported that In a led judgment delivered by Justice Emmanuel Agim on Thursday, July 12, the seven-man panel unanimously said it was unconstitutional for state governors to hold funds allocated for local government administrations.
The court ruled that since paying local governments through states had not worked, their allocation from the federation account should henceforth be paid directly to them.
