The Court of Appeal sitting in Akure has struck out a request by the All Progressives Congress (APC) to relist its appeal against the 2022 Federal High Court judgement that nullified local government elections held in Osun State.

The judgement immediately triggered another wave of controversy in the state with both the Peoples Democratic Party (PDP) state government and the state chapter of the APC claiming victory.

The 30 local government councils in the state have been under lock and key since February this year over a deadly bid for the control of the councils by the parties.

The Federal Government is backing the APC’s claim by withholding allocations to the local governments since February, a decision which the state government is contesting at the Supreme Court.

In a unanimous decision delivered virtually on Friday and read by Justice Peter Obiorah, the court declared that the appeal lacked merit, emphasizing that APC’s failure to act promptly on its legal rights amounted to a self-inflicted injury.

“It is a case of volenti non fit injuria—they cannot complain of harm they brought upon themselves. Equity aids the vigilant, not the indolent,” the court ruled.

The panel questioned why only one of the three appellants was seeking to relist the appeal through a joint notice, noting that even if this were permissible, no credible reason was presented for the delay in transmitting court records.

“If the APC was truly sincere, considering the number of candidates affected, why did they abandon the case for two years?” the court asked.

Justice Obiorah pointed out that the APC had pursued a similar appeal based on the same facts and before the same judge, Justice Ayo Emmanuel, yet failed to prosecute the case diligently. The panel rejected the party’s attempt to revive the dismissed appeal, warning that granting such a request would only create confusion.

“The application lacks merit and is hereby dismissed,” the court concluded.

The legal tussle stems from the twilight days of the Gboyega Oyetola administration, which conducted the controversial local government elections in October 2022. The polls, conducted with a “Yes/No” voting system, saw APC candidates declared winners across the state. However, a Federal High Court sitting in Osogbo nullified the elections in November 2022, sacking all elected chairmen and councillors.

In his reaction, the Osun State Commissioner for Information and Public Enlightenment, Hon. Kolapo Alimi, has confirmed that the Court of Appeal sitting in Akure has upheld the judgment of the Federal High Court in Osogbo which earlier sacked local government chairmen and councillors elected under the controversial “YES/NO” election conducted by the All Progressives Congress (APC).

Speaking with journalists in Osogbo on Friday, Hon. Alimi disclosed that the Court of Appeal reaffirmed the validity and binding nature of the judgment delivered by the Federal High Court in Suit No. FHC/OS/CS/94/2022 on January 13, 2025.

According to him, “In its ruling today, the Court of Appeal held that the dismissal of Appeal No. FHC/OS/CS/94/2022 shows clearly that the Federal High Court’s judgment remains valid and binding. The appellate court noted that the APC, being the appellant, failed to meet the legal conditions necessary for the appeal to be reconsidered.”

Hon. Alimi further noted that the appellate court was scathing in its criticism of the APC’s legal counsel, Mr. Muideen Adeoye, accusing him of misrepresenting the facts of the case before the court.

“The court lambasted APC’s counsel for lacking candour and described the misfortunes that befell the YES/NO chairmen as ‘self-inflicted.’ This judgment marks the legal defeat of what the PDP government had always described as political brigandage orchestrated by the APC under the leadership of Alhaji Gboyega Oyetola, now Minister of Marine and Blue Economy,” the commissioner said.

He maintained that there had never been any ambiguity in the court’s pronouncements since the beginning of the legal tussle, adding that no court has at any point reinstated the sacked APC chairmen.

Lamenting the consequences of the disputed elections, Alimi said, “The APC, led by former Governor Gboyega Oyetola, plunged the most peaceful state in Nigeria into unwarranted political chaos, resulting in avoidable loss of lives and destruction of property.”

He called on Alhaji Oyetola and the Osun APC to tender a public apology to the people of Osun State for the political turmoil allegedly inflicted on them.

“We use this opportunity to commend the judiciary for its courage, consistency, and commitment to upholding truth, justice, and the rule of law,” he said.

To emphasize the legal standing of the judgment, Hon. Alimi reproduced the key ruling of the Federal High Court, which was reaffirmed by the Court of Appeal:

“The election into the Local Government Councils across Osun State held on the 15th of October 2022, pursuant to the notice of election issued on the 15th of August 2022, is hereby declared unconstitutional, invalid, null, and void for violating the Constitution and breaching Sections 28, 29, 32, 98, and 150 of the Electoral Act, 2022.

All persons or individuals occupying offices in the state Local Government Councils by virtue of the said election are accordingly sacked from holding such offices.”

With this development, the legal position on the controversial YES/NO election appears settled — the sacked chairmen remain out of office, and the administration of Governor Ademola Adeleke sees the ruling as a vindication of its stance.

The Osun State chapter of the All Progressives Congress (APC) has urged the public to disregard what it described as “lies and misinformation” being circulated by the Peoples Democratic Party (PDP) regarding the Court of Appeal ruling delivered on Friday, June 13, 2025.

In a statement issued in Osogbo by the party’s spokesperson, Mr. Kola Olabisi, the APC maintained that the ruling of the Court of Appeal sitting in Akure has no bearing on the earlier judgment delivered on February 10, 2025, which, according to the party, reinstated the chairmen and councillors elected on October 15, 2022.

“The general public should ignore the absolute lies being circulated by the PDP over today’s ruling by the Court of Appeal,” Olabisi said. “The court only ruled on a motion to relist an appeal that had been earlier dismissed for want of prosecution. That ruling does not affect or override the binding judgment of February 10, 2025.”

He explained that the June 13 ruling was in respect of a motion to relist an abandoned appeal—Appeal No. CA/AK/226M/2022—related to a lower court decision from November 30, 2022.

He stated further: “Contrary to the misleading information being spread by the PDP-led government and its agent, Hashim Abioye, there is nothing in today’s judgment that nullifies or alters the decision of the Court of Appeal delivered on February 10, 2025, which effectively reinstated the duly elected APC local government chairmen and councillors.”

Olabisi emphasized that the February 10 judgment remains binding and can only be overturned by the Supreme Court, noting that no appeal has been filed against it.

“The Court of Appeal made it abundantly clear today that it was not sitting in review of the February 10 judgment in Appeal No. CA/AK/270/2022. That matter was not before the court.”

According to him, “the factual situation is that the Court of Appeal’s February 10 ruling stands superior to the November 30, 2022 decision of the Federal High Court, which the PDP continues to reference.”

Responding to PDP claims that the APC’s legal counsel, Mr. Muhideen Adeoye, was “lambasted” by the court, Olabisi said the assertion was false.

“The court merely noted that lack of communication between counsel and his clients was not a convincing excuse for failing to prosecute the appeal. At no point did the court ‘lambast’ the lawyer as claimed by the PDP,” he clarified.

He dismissed reports suggesting a vacancy in the local government councils of the state as “misleading and mischievous.”

“There is no vacancy in the Local Government Councils in Osun State. The ruling delivered today did not contain any order or pronouncement to that effect. The celebrations by the PDP are baseless and irresponsible,” he said.

Olabisi condemned the statements issued by Mr. Hashim Abioye and Commissioner Kolapo Alimi as “deliberate attempts to mislead the public and law enforcement agents.”

“Their aim is to create confusion and use their fabricated narrative to justify the PDP’s electoral fraud of February 20, 2025, in order to hijack the councils,” he alleged.

He also cautioned security agencies in the state to monitor the actions of Abioye and Alimi to prevent unnecessary unrest.

“If anything happens to any of the reinstated local government officials, Abioye and Alimi should be held responsible for inciting the public against legally reinstated officers acting on the strength of the February 10 judgment,” he warned.

Olabisi concluded by noting that while the APC may consider appealing today’s ruling to the Supreme Court if necessary, it remains confident in the standing of the February 10 judgment.

“The PDP has neither the courage nor the legal basis to challenge the February 10 judgment. Instead, they are resorting to underhanded tactics to subvert it,” he said.

Osun PDP hails court of Appeal ruling, Slams APC over “misrepresentation”

The Peoples Democratic Party (PDP) in Osun State has hailed the ruling of the Court of Appeal sitting in Akure which upheld the sacking of local government chairmen elected under the All Progressives Congress (APC) during the controversial “Yes or No” election of 2022.

The PDP also accused the Osun APC of attempting to misrepresent the court’s judgment delivered on Thursday, June 13, 2025, as a reinstatement of the sacked council officials.

Addressing the press, Hon. Sunday Bisi, Chairman of the Osun PDP, described the APC’s interpretation of the judgment as a “disgraceful twist” and an effort to blackmail the judiciary and mislead the public.

He said the ruling, delivered by Justice Obiora on behalf of a three-member panel of the Court of Appeal, was unequivocal in affirming that the APC’s appeal against the lower court’s decision had been dismissed, effectively putting to rest any claim to legitimacy by the ousted chairmen.

“The respected Justice Obiora, reading the unanimous judgment, clearly stated in open court that the APC’s so-called reinstatement is false,” Bisi said. “The court described APC’s failed motion as a self-inflicted injury and emphasized the legal maxim that ‘Equity aids the vigilant, not the indolent.’”

According to the PDP chairman, the APC had abandoned its appeal for nearly two years without compiling the required court records, only to later attempt a revival of the suit—an attempt the court rejected.

Bisi maintained that the only valid and recognized local government chairmen in Osun State are those elected on February 22, 2025, under the PDP-led administration. He said these elections were conducted lawfully and affirmed by competent courts.

He further alleged that the APC had misrepresented a previous ruling of the Court of Appeal delivered on February 10, 2025, in an attempt to falsely claim judicial backing for their ousted officials.

“The court itself condemned APC’s misrepresentation, exposing their desperation to return to power through the backdoor,” Bisi said.

He described the 2022 “Yes or No” election as a “charade” that had been invalidated by multiple court decisions.

The PDP also accused the APC of issuing threats to law enforcement agencies and local councils based on what it called “reckless misinformation.”

“The judiciary has again disgraced the APC in black and white. No amount of propaganda can change that,” Bisi added.

He urged residents of Osun State to remain calm and ignore what he described as “the bitter cries of serial losers,” pledging that the PDP would continue to uphold democracy and the rule of law in the state’s local government administration.” (Saturday Tribune)