An Osun State High Court sitting in Ilesa has ordered the Osun State Independent Electoral Commission (OSSIEC) to conduct local government elections to fill existing vacancies across the 30 local government areas in the state.
The ruling, delivered by Justice Adeyinka Aderibigbe today, February 21, 2025, follows a legal battle over the legitimacy of the last local government election conducted in 2022, which was declared null and void by the Federal High Court and later upheld by the Court of Appeal.
The court’s decision mandates OSSIEC to proceed with the elections already scheduled for February 22, 2025, and directs security agencies to ensure peace and order before, during, and after the polls.
Legal Background and Court’s Decision
The issue of local government administration in Osun State has been contentious since the October 15, 2022, elections conducted by OSSIEC. Following the election, the Action Peoples Party (APP) challenged its validity in court, leading to a landmark judgment by the Federal High Court in Suit No. FHC/CS/OS/103/2022 (Action Peoples Party vs. INEC & ORS), which ruled the election was invalid, nullified the results, and removed all elected officials from office.
The basis of the Federal High Court’s ruling was that the election did not meet the constitutional and legal requirements necessary for local government polls. The matter was escalated to the Court of Appeal, which, in its judgment in Appeal No. CA/AK/226M/2024 (Allied People’s Movement & ORS vs. Action Peoples Party & ORS), upheld the Federal High Court’s decision, reaffirming that the local government seats remained vacant.
Justice Aderibigbe, in his ruling, confirmed the existence of these vacancies and issued the following key orders:
- Recognition of Vacancies: The court acknowledged that all 30 local government areas in Osun State currently lack elected officials following the nullification of the 2022 elections.
- Directive for Elections: The court mandated OSSIEC to conduct fresh elections to fill the vacant positions, instructing the commission to proceed with the elections already scheduled for February 22, 2025.
- Security Provisions: The court ordered all relevant security agencies, including the Nigeria Police, Nigerian Army, Department of State Security Services (DSS), Nigerian Security and Civil Defence Corps (NSCDC), National Drug Law Enforcement Agency (NDLEA), Amotekun Corps, and local vigilante groups, to provide adequate security and maintain peace before, during, and after the election.
Political Reactions and Implications
The ruling has sparked mixed reactions across the political landscape in Osun State. The Peoples Democratic Party (PDP), which filed the motion that led to the ruling, has welcomed the court’s decision, emphasizing that it upholds the principles of democracy and the rule of law. Party officials have stated that conducting the election will restore elected leadership at the grassroots level, allowing local governments to function effectively.
However, opposition parties have raised concerns about the timing of the election and whether OSSIEC can organize a free, fair, and credible process within a short timeframe. Some political stakeholders argue that the ruling party may have an advantage due to its control over state institutions, potentially influencing the outcome of the elections.
Security Concerns and Readiness
Given Osun State’s history of politically charged elections, security agencies have been placed on high alert to prevent violence, electoral malpractices, and voter intimidation. The court’s directive for multiple security agencies, including federal and state forces, to oversee the election process is seen as an effort to ensure a smooth and transparent electoral exercise.
Security experts warn that tensions could escalate as different political factions prepare for the election, making it crucial for security forces to act impartially and decisively to prevent unrest. The role of the Nigerian Army, DSS, and Amotekun Corps in securing the election will be closely monitored to ensure fairness.
Challenges Facing OSSIEC
Despite the court’s directive, OSSIEC faces logistical and administrative challenges in conducting the elections within the stipulated time.
Some of the key concerns include:
- Election Preparedness: Organizing an election within a short period requires significant planning, including voter sensitization, deployment of electoral materials, and training of ad hoc staff.
- Funding and Resources Conducting local government elections requires substantial financial resources, and questions remain about whether OSSIEC has the necessary funds to execute the process effectively.
- Credibility and Transparency: Given the legal battles surrounding the 2022 elections, OSSIEC must ensure that this election meets democratic standards to avoid further litigation that could disrupt governance at the local level.
The Osun State High Court’s ruling has set the stage for what could be a defining election in the state’s political history.
While the directive to conduct local government elections aligns with democratic principles, it also presents challenges that must be addressed to ensure a credible and peaceful process.
As the February 22, 2025, election date approaches, all eyes will be on OSSIEC, political parties, and security agencies to uphold the integrity of the electoral process.
The outcome of this election will not only determine the leadership at the local government level but also set a precedent for how electoral disputes are handled in the future.
