The ongoing legal battle surrounding local government elections in Osun State has taken a new turn, with the President of the Nigerian Bar Association (NBA), Afam Osigwe, SAN, publicly criticising the Federal High Court for intervening in the matter. Osigwe argues that the involvement of the Federal High Court in the dispute is the root cause of the crisis that has engulfed the state, asserting that such matters should have been handled by the State High Court.
The legal disagreement dates back to the 2022 local government council elections held in Osun State, which have since sparked controversy and legal challenges. Osigwe’s comments highlight concerns regarding the court’s jurisdiction and its role in addressing state-level electoral issues. This issue has raised pertinent questions about the appropriate venue for handling election-related cases and the potential overreach of federal courts in matters typically reserved for state courts.
The genesis of the legal dispute can be traced to a suit filed by the Peoples Democratic Party (PDP) in 2022, challenging the local government elections conducted by the Osun State Independent Electoral Commission (OSIEC). The PDP argued that the elections were marred by significant irregularities and non-compliance with the Electoral Act, 2022. Specifically, the PDP claimed that the election was not conducted in accordance with the mandatory provisions of the Electoral Act, leading to a legal challenge against the conduct of the elections.
On November 25, 2022, the Federal High Court in Osogbo delivered a controversial judgment in favour of the PDP, nullifying the local government elections held on October 15, 2022. The court ruled that the elected council chairmen must vacate their positions, a decision that sent shockwaves through the political landscape in Osun State. This ruling was seen as a significant blow to the ruling All Progressives Congress (APC), which had secured several positions in the controversial election.
In response to the Federal High Court’s decision, the APC and other parties involved in the election filed an appeal with the Court of Appeal in Akure, Ondo State. The appellate court, in its ruling, sided with the APC and overturned the Federal High Court’s decision, citing procedural errors. The Court of Appeal determined that the PDP had failed to file a valid originating process, which meant that the lower court did not have the jurisdiction to hear the case in the first place.
Despite the appeal court’s ruling, the situation took another twist when OSIEC proceeded to hold a new local government election on February 22, 2023, disregarding the advice of the Attorney General of the Federation, Lateef Fagbemi, SAN. Fagbemi had cautioned that conducting another election could be unconstitutional, and the matter should have been addressed by the proper judicial authorities.
This sequence of events has left Osun State in a state of political turmoil, with the legal implications of the decisions made by the courts continuing to play out. The decisions and subsequent actions have sparked debates within the legal community, with many questioning the competence and jurisdiction of the Federal High Court in handling cases relating to local government elections.
In an exclusive interview with Sunday PUNCH, Afam Osigwe, SAN, who is the President of the Nigerian Bar Association, strongly criticised the Federal High Court’s involvement in the Osun election dispute. Osigwe argued that the Federal High Court should not have entertained the case in the first place, as it lacked the jurisdiction to rule on issues related to local government elections, which are within the purview of state authorities.
“What is the business of the Federal High Court in giving decisions one way or the other concerning local government elections in the state?” Osigwe remarked. “That is the root of the problem in Osun State.”
He further raised concerns about the Federal High Court’s role in interpreting state-level laws and the consequences of its decisions. “Does the Federal High Court have jurisdiction to make pronouncements on whether a law passed concerning local government elections is valid or invalid? Does it have the power to do so? Why are cases like this brought to the Federal High Court instead of the State High Court where they ought to be determined?” Osigwe questioned.
The NBA President highlighted that such cases should be handled by the State High Court, which has the proper jurisdiction over matters pertaining to state-level electoral processes. He also expressed his concern over why senior lawyers continue to file such cases in the Federal High Court, despite the clear issues of jurisdiction.
“This is the starting point. All the cases referred to that went on appeal originated from the Federal High Court. Why are senior lawyers and other lawyers filing such cases in the Federal High Court? Why does the Federal High Court entertain these cases when it ought not to?” Osigwe asked.
