Prominent constitutional lawyer and human rights advocate, Professor Mike Ozekhome (SAN), has suggested that new elections be held to resolve the local government council conflict in Osun State.
In a statement issued on Thursday in Abuja, Ozekhome emphasized that holding fresh elections is the only way to prevent “unnecessary orchestrated violence” in the state.
Based on his understanding of the Court of Appeal ruling, Ozekhome argued that the appellate court did not reinstate the dismissed local government officials but merely dismissed the case filed by the Peoples Democratic Party (PDP).
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He said, “I watched with dismay and disgust as certain LG officials forcefully barged into the LG headquarters, attempting to reclaim office under the false and erroneous belief that the judgment of the Court of Appeal in the PDP case had reinstated them. Such an act was nothing short of brigandage and a crude resort to self-help. It must be condemned in the strongest terms, and I so condemn it. It was selfish and uncalled for.
“In the same vein, all those who aided and abetted this democratic aberration must be identified and prosecuted, no matter how highly placed they are.”
Ozekhome clarified that the Court of Appeal did not affirm the election held by the Osun State Independent Electoral Commission (OSIEC) in 2022. The appellate court only dismissed the PDP’s case without ruling on the legitimacy of the elections or commenting on the status of the dismissed officials.
“Contrary to the position of the sacked LG officials who sought to reclaim their offices forcibly, the Court of Appeal never reinstated them. Any claim to that effect is a deliberate distortion of facts and a resort to sophistry,” Ozekhome stated.
He further clarified that the only ruling made by the Court of Appeal was an order for the PDP to pay the appellants ₦250,000 in costs. There was no order for the reinstatement of the removed chairmen.
Ozekhome called on all political parties in Osun State to prepare for new elections, enabling them to gauge their popularity through a fair, transparent, and credible voting process. He urged politicians to avoid involving the judiciary in political disputes and to engage in “clean politics.”
The senior advocate also rejected claims of judicial involvement in the Osun State local government crisis, emphasizing that the judiciary acted in good faith and remained dedicated to maintaining the rule of law and electoral integrity.
“It is now the responsibility of law enforcement agencies and government institutions to ensure that judicial decisions are respected and upheld. All persons and authorities must obey court judgments. Parties are not permitted to pick and choose which judgments to obey or disobey,” he stated.
Ozekhome emphasized that the judiciary’s rulings in both the PDP and All Progressives Congress cases reinforced the primacy of the Electoral Act over state laws in governing local government elections.
He concluded by invoking the legal principle of “covering the field,” which declares that any state law that conflicts with federal laws is invalid, to the extent of the inconsistency.
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