Court of Appeal Slams APC Over ‘Inexcusable’ Delay in Osun LG Election Case

The Court of Appeal sitting in Akure has harshly criticized the All Progressives Congress (APC) and its legal team for their “inexcusable” delay and “misleading” submissions in a failed bid to relist a dismissed appeal challenging the nullification of the controversial 2022 local government elections in Osun State.

In a unanimous decision delivered in Appeal No. CA/AK/15/2025, Justice Peter Chudi Obiorah, who read the lead ruling, said the APC had “slept on its rights” and failed to show any valid reason for the prolonged inaction spanning over two years. He described the conduct as “self-inflicted,” “indolent,” and lacking in public interest.”

The appeal originally filed by the APC, the Allied People’s Movement (APM), and Babarinde Nurudeen Idowu, sought to overturn a Federal High Court judgment of November 30, 2022 in Suit No. FHC/OS/CS/103/2022, which had voided the Osun State local government elections held on October 15, 2022.

Justice Obiorah found that the appellants neither transmitted records of appeal nor took active steps to prosecute the case until 2025, long after the disputed tenure had expired and fresh elections had been held.

“The law aids the vigilant, not the indolent. The fate that has befallen the appellants is self-inflicted,” he ruled.

The Court also took issue with claims by APC counsel, Muhydeen Adeoye, who said he had not received instructions from his clients since December 2022. Justice Obiorah dismissed this as misleading, citing evidence that the same counsel had continued to represent the APC in connected legal matters during the same period.

“Legal practitioners must adhere to professional ethics and avoid making false statements in a misguided attempt to protect a client,” he warned.

In her concurring opinion, Justice Oyebisi Folayemi Omoleye said the appeal had become “academic,” noting that fresh local government elections were held on February 22, 2025, with newly elected officials now in office. She stated that relisting the appeal would be legally pointless.

Justice Hadiza Rabiu Shagari agreed with her colleagues, declaring:

“They went to slumber and they should remain therein.”

While the Action Peoples Party (APP), a respondent in the case, had raised a preliminary objection alleging that the APC had acted in contempt of court by attempting to reinstate the sacked officials, the Court declined to rule on that issue, saying the matter was already pending before the Federal High Court.

Ultimately, the Court upheld that the 2022 Osun LG elections remained null and void, affirming that the removed council chairmen and councillors had no legal grounds for reinstatement, and that political parties must pursue justice with diligence, integrity, and respect for legal timelines.