“Grossly False And Deliberate Chaos” — Ozekhome Accuses APC’s Adegoke Of Misrepresenting Court Judgment, Urges AGF To Enforce Order
Renowned legal practitioner Prof. Mike Ozekhome, SAN, has accused the All Progressives Congress (APC) and its counsel, Kunle Adegoke, SAN, of misrepresenting a Court of Appeal judgment to unlawfully claim control of Osun State’s local government councils. In a detailed letter addressed to the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, Ozekhome refutes Adegoke’s claims that APC chairmen were reinstated by the Court of Appeal, labeling them as “grossly false” and a deliberate attempt to sow chaos in Osun State. The letter, obtained by Tribune Online, calls on the AGF to ensure compliance with judicial rulings and protect the duly elected PDP local government officials.
Ozekhome’s letter outlines the contentious local government election saga in Osun State, stemming from the twilight of former Governor Gboyega Oyetola’s APC administration. The Osun State Independent Electoral Commission (OSSIEC), which had not conducted local government elections for years, announced a poll after Oyetola’s loss to PDP’s Ademola Adeleke in the 2022 governorship election. This move prompted legal challenges from both the PDP and the Action Peoples Party (APP), resulting in two separate suits that nullified the October 15, 2022, election.
The PDP filed a suit before OSSIEC issued a notice for the 2022 election, arguing that the timeline violated the Electoral Act’s 360-day notice requirement. During the suit’s pendency, OSSIEC issued a 60-day notice, breaching both the Electoral Act and OSSIEC Law. The PDP amended its summons to reflect this, and the Federal High Court, Osogbo, ruled in its favor on November 25, 2022, nullifying the election and sacking APC officials. OSSIEC withdrew certificates of return from APC candidates. The APC appealed (CA/AK/270/2022), and on February 10, 2025, the Court of Appeal struck out the suit as premature, citing lack of jurisdiction since no notice had been issued when the PDP filed.
The APP filed a separate suit after OSSIEC’s 60-day notice, also challenging the election’s legality. On November 30, 2022, the Federal High Court, Osogbo, nullified the election and sacked APC officials. The APC, along with APM and others, appealed (CA/AK/220M/2024) but failed to prosecute the appeal for two years. On January 13, 2025, the Court of Appeal dismissed the appeal for lack of diligent prosecution, affirming the lower court’s judgment. The APC’s subsequent attempt to relist the appeal was dismissed on June 13, 2025, with the court noting that new elections held on February 22, 2025, had rendered the issue academic.
Ozekhome accuses Adegoke of falsely claiming that the Court of Appeal’s February 10, 2025, judgment in CA/AK/270/2022 reinstated APC chairmen. He clarifies that the court only struck out the PDP’s suit on jurisdictional grounds, without addressing the election’s validity or reinstatement. The APP’s suit, which also sacked APC officials, remains binding under Section 287(3) of the 1999 Constitution, as the appeal was dismissed and never relisted. Ozekhome cites the Court of Appeal’s June 13, 2025, ruling, where Justice Peter Chudi Obiorah, JCA, stated: “The dismissal of the appeal means that there being no existing appeal against the judgment of the lower court, the said judgement stands.” Justices Oyebisi Folayemi Omoleye and Hadiza Rabiu Shagari concurred, noting that the February 2025 elections had overtaken the dispute, rendering reinstatement an “academic exercise.”
Ozekhome challenges Adegoke’s interpretation, arguing that his claim that the appeal was decided on its merits is a “barefaced and outright falsehood.” He emphasizes that the court explicitly avoided substantive issues, and Adegoke’s appearance on March 5, 2025, for the APC’s relisting motion contradicts his claim that the February 2025 election was not referenced in court processes.
Ozekhome alleges that the APC, leveraging federal might, has fomented chaos in Osun by propagating false claims of reinstatement. On February 17, 2023, APC officials reportedly attempted to forcibly take over council secretariats, attacking employees and disrupting operations, as reported by The Nation and Nigerian Tribune. Ozekhome notes that the APC withdrew from the February 2025 election 48 hours prior, falsely claiming reinstatement, despite no such court order existing. He suggests that Adegoke’s actions are driven by political ambitions, as he contested the APC governorship ticket in 2022 and reportedly eyes the 2026 race, compromising his professional conduct as a Senior Advocate of Nigeria.
Ozekhome underscores the Osun State High Court’s February 21, 2025, judgment (HIL/M/19/2025), which recognized vacancies in all 30 local government councils and ordered OSSIEC to conduct fresh elections. The PDP’s candidates, elected on February 22, 2025, and sworn in on February 24, 2025, are the legitimate officials, with no appeal or stay order challenging this judgment. He cites legal precedents, such as Nwaana v. FCDA & Ors (2004) and Okonkwo v. State (2019), affirming the weight of concurring judgments, reinforcing that the Court of Appeal’s rulings uphold the PDP’s position.
Ozekhome warns that the AGF’s directive to the Accountant-General and Central Bank of Nigeria (CBN) to open accounts for APC officials risks diverting public funds to private accounts, as only civil servants, not elected officials, are statutory signatories to local government accounts. He cites the Supreme Court’s ruling on local government autonomy, emphasizing that funds should go directly to legitimate councils. The ongoing crisis has led to a strike by local government staff, further disrupting governance.
Ozekhome urges the AGF to:
- Direct the Minister of Finance, Accountant-General, and CBN to release local government allocations to PDP chairmen elected on February 22, 2025.
- Advise federal agencies to cease recognizing APC officials as council chairmen.
- Prevent APC officials from illegally occupying council secretariats.
- Ensure security for PDP chairmen to carry out their duties.
- Call on Adegoke to apologize to the Court of Appeal, particularly Justice Omoleye, for misrepresenting her concurring judgment.
Ozekhome concludes by appealing to Fagbemi’s reputation as a respected litigator to uphold the rule of law and defend Nigeria’s democracy. He warns that failure to act risks escalating tensions and financial strangulation in Osun, urging the AGF to ensure compliance with the Court of Appeal’s June 13, 2025, ruling.
