…Drags FG, IGP, Adeleke to court
By Shina Abubakar, Osogbo
As crisis rocking Local Government Councils in Osun State lingers, elected officials on the platform of the All Progressives Congress, APC, have sought tenure elongation, dragging the Federal Government and Governor Ademola Adeleke before a Federal High Court in the state.
The APC officials, in an originating summon obtained by Vanguard on Friday, urged the court to declare that their tenure which ought to have expired October this year be extended till February 2028.
It would be recalled that APC officials were elected in October 2022 but Governor Ademola Adeleke sacked them after a federal court declared the election as illegal.
However, in February 2025, the Court of Appeal reinstated them to office in a verdict. Amid the verdict, PDP members were also sworn in as council executives after the February 22 local government elections in the state.
Since February 2025, APC and PDP have been laying claim to the control of the council, leading the Nigeria Union of Local Government Employees, NULGE, to abandon work and the councils allocation withheld.
However, the reinstated APC officials, originating summon filed by Barrister Muhideen Adeoye on behalf of Saheed Onibonokuta and seven other local Council Chairmen, sought for elongation of tenure till February 19, 2028.
They filed the suit FHC/OS/CS/147/2025 against Attorney General of the Federation, the Inspector General of Police, Osun State Governor, the Attorney General and Commissioner for Justice, Osun State Independent Electoral Commission(OSIEC) and Osun State House of Assembly.
They prayed the court to determine six issues among which are tenure of office, swearing in of the PDP council executives among others.
It was stated that in view of Sections 6(6)(b) and 7 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); Section 91 of the Osun State Independent Electoral Commission Law, 2022; Sections 3(2), 9, 10 and 28 of the Local Government (Administration) Law, Cap. 72A, Laws of Osun State, the Claimants’ tenure of office ought to commence upon inauguration of office and after taking their seats as democratically elected members of the Local Government Councils in Osun State.
“Upon a combined interpretation of Section 91 the Claimants, who were not given the opportunity to take their first sitting as democratically elected members of the various Local Government Councils in Osun State prior to 9th February, 2025 can not be compelled to vacate office on the 17th day of October, 2025 or on any other date in October 2025.
“In view of Sections 24 and 91 of the Osun State Independent Electoral Commission Law 2022; Sections 9, 10 and 28 of the Local Government (Administration) Law, Cap. 72A, Laws of Osun State, the 6th Defendant could have validly issued a notice of polls, conducted elections into the various local government councils in Osun State on the 22nd day of February, 2025 and sworn in another set of Council members during the subsistence of the tenure of office of the Claimants thereby attempting to deprive the Claimants of their rights to complete their tenure.”
The claimants sought for eight reliefs for declaration that “OSIEC cannot validly issue a notice of polls, conduct elections into the councils and swear in another set of members during thesubsistence of the tenure of office; all steps taken and being taken by the 3th, 4th, 5th and 6th Defendants from the 22nd day of February 2025 and particularly in August, 2025 till date, to force into the Local Government Councils in Osun State some individuals as members of the Councils during the subsistence of the tenure of office of the Claimants is illegal, unlawful, invalid, unconstitutional, null and void.”
They also urged the court that upon a proper interpretation by AGF(1st Defendant) prescribing and curtailing the tenure of office of the Claimants to end in October, 2025 is ultra vires his office, unconstitutional, illegal, null and void only to the extent of his curtailing the tenure of office of the Claimants till October, 2025.
They also urged the court to restrain the Governor Ademola Adeleke, Attorney-General of the Osun State, House of Assembly and OSIEC from taking any step or act to forcefully remove, oust or force the claimants out of their offices anytime in October, 2025 or thereafter till the 19th day of February, 2028 in their various Local Government Councils.
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