Osun: NBA President Says Federal Court Can’t Decide LG Matters

The President of the Nigerian Bar Association, Afam Osigwe, SAN, has criticised the Federal High Court for entertaining the suit brought before it on local government election disputes in Osun State.

Speaking with Sunday PUNCH, Osigwe stated that the genesis of the crisis in Osun could be traced to the Federal High Court’s decision on the local government suits which he had no jurisdiction over.

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In 2022, the Peoples Democratic Party filed a suit against the Osun State Independent Electoral Commission, the All Progressives Congress, and others at the Federal High Court in Osogbo.

The PDP challenged the conduct of the local government council elections, citing non-compliance with the mandatory provisions of the Electoral Act, 2022.

In a judgement delivered on November 25, 2022, the court granted all the reliefs sought by the PDP, nullified the local government elections conducted by OSIEC on October 15, 2022, and directed the elected council chairmen to vacate the office.

Dissatisfied with the judgment, APC and other parties filed an appeal before the Court of Appeal in Akure, Ondo State.

In its judgement, the appellate court agreed with the APC and set aside the decision of the Federal High Court because the PDP did not file a valid originating process to confer jurisdiction on the lower court.

However, OSIEC conducted a new LG election on February 22, against the advice of the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN.

Reacting to the Osun LG crisis, Osigwe said, “What is the business of the Federal High Court in giving decisions one way or the other concerning local government elections in the state? That is the root of the problem in Osun State.

“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?

“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?”

PUNCH