Political Coup in Osun: Federal Might Will Fade, and Plotters Will Face the Music

 

Political Coup in Osun: Federal Might Will Fade, and Plotters Will Face the Music

By Abdulganiyu Ismail (Mastermind)

For a house to withstand the test of time, its foundation, bricks, architectural design, quality of cement, and suitability of sand must be carefully assembled to produce a solid and enduring structure. This analogy aptly reflects the legal profession and legal practice; to build a persuasive and sustainable legal argument, facts and law must stand firmly together on the same side. Where either is missing, the structure inevitably collapses.

Against this backdrop, the Osun local government crisis may no longer be breaking news, yet it remains necessary to continually emphasize the importance of upholding the rule of law, especially in moments of political turbulence. The crisis originated from the local government elections conducted by Alhaji Gboyega Oyetola after he lost the 2022 gubernatorial re-election bid. Following his defeat in the July 16, 2022 election, Mr. Oyetola hastily issued a notice for local government elections, contrary to the provisions of the Electoral Act, which at the time required 360 days’ notice before the conduct of such elections (now 300 days under the amended Act). Consequently, the local government election held on October 15, 2022; barely three months after his electoral loss was conducted in clear disregard of the Electoral Act 2022, as amended.

Subsequently, on 25 November 2022, the Federal High Court nullified the election. This judicial decision stands in direct contradiction to the narrative being circulated by some APC supporters that it was Governor Ademola Adeleke’s Executive Order that removed the officials from office. The records are clear: it was a court of competent jurisdiction that nullified the election while Oyetola was still in office.

Furthermore, in APP v. APC, the court equally nullified the same election. Although the APC filed appeals in both matters, its appeal in APP v. APC was dismissed. Notably, the party has failed to pursue an appeal against the other subsisting judgment. By necessary implication, that judgment remains valid, binding, and enforceable.

It is deeply concerning that, despite subsisting court judgments and the advisory position of the Nigerian Bar Association (NBA), which condemned the continued occupation of council offices by the APC Yes/No Chairmen, the court-sacked officials persist in occupying the councils, allegedly with the backing of federal authorities. Even more troubling is the continued release of local government allocations to them. Without adherence to due process, public funds are reportedly being expended despite the expiration of their purported tenure.

It bears reiterating that the administration and expenditure of public funds are governed by established procedures. While a Local Government Chairman may approve projects, only designated officers; the Director of Finance, the Director of Administration, and the Head of Local Government Administration are recognized signatories to local government accounts. In the case of the Osun Yes/No Chairmen, whose purported tenure ended in October last year, any continued access to public funds lacks legal foundation and raises  concerns.

Ultimately, political power is transient. No administration remains in office in perpetuity. The principle of accountability endures beyond any single tenure. At the appropriate time, actions taken today will be subject to scrutiny within the framework of the law. In the fullness of time, the rule of law will prevail, and those responsible for any illegality will be called upon to answer ACCORDINGLY