The crisis rocking the local government councils in Osun State has deepened as officials, who were elected on the platform of the All Progressives Congress (APC), have dragged the federal government and Governor Ademola Adeleke before a Federal High Court in the state, seeking the elongation of their tenure of office.
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The APC officials, in an originating summons, urged the court to declare that their tenure, which ought to expire in October this year, be extended till February 2028.
APC officials were elected in October 2022, but Governor Adeleke sacked them after a Federal Court declared the election illegal.
However, in February 2025, it was purported that the Court of Appeal reinstated them to office in a verdict.
However, new officials elected on the PDP platform were also sworn in as council executives after the February 22 local government elections in the state.
Since then, the political parties have been laying claim to the control of the council, leading the Nigeria Union of Local Government Employees (NULGE) to abandon work while councils’ allocations were withheld.
However, the reinstated APC officials, in the originating summons filed by Muhideen Adeoye on behalf of Saheed Onibonokuta and seven other local council chairmen, sought for elongation of tenure till February 19, 2028.
They filed the suit FHC/OS/CS/147/2025 against the Attorney General of the Federation, the Inspector General of Police, the Osun State Governor, the Attorney General and Commissioner for Justice, Osun State Independent Electoral Commission (OSIEC), and the Osun State House of Assembly.
They prayed the court to determine six issues, among which are tenure of office, swearing in of the PDP council executives, among others.
Citing Sections 6(6)(b) and 7 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); Section 91 of the Osun State Independent Electoral Commission Law, 2022; Sections 3(2), 9, 10, and 28 of the Local Government (Administration) Law, Cap. 72A, Laws of Osun State, Adeoye argued that the Claimants’ tenure of office ought to commence upon inauguration of office and after taking their seats as democratically elected members of the local government councils in Osun State.
“Upon a combined interpretation of Section 91, the claimants, who were not allowed to take their first sitting as democratically elected members of the various local government councils in Osun State before 9th February, 2025, can not be compelled to vacate office on the 17th day of October, 2025, or on any other date in October 2025.
“In view of Sections 24 and 91 of the Osun State Independent Electoral Commission Law 2022; Sections 9, 10, and 28 of the Local Government (Administration) Law, Cap. 72A, Laws of Osun State, the 6th defendant could have validly issued a notice of polls, conducted elections into the various local government councils in Osun State on the 22nd day of February, 2025 and sworn in another set of council members during the subsistence of the tenure of office of the claimants thereby attempting to deprive the claimants of their rights to complete their tenure.”
The claimants sought for eight reliefs for declaration that “OSIEC cannot validly issue a notice of polls, conduct elections into the councils and swear in another set of members during the subsistence of the tenure of office; all steps taken and being taken by the 3th, 4th, 5th and 6th defendants from the 22nd day of February 2025 and particularly in August, 2025 till date, to force into the local government councils in Osun State some individuals as members of the councils during the subsistence of the tenure of office of the claimants is illegal, unlawful, invalid, unconstitutional, null and void.”
They also urged the court to restrain the Governor Ademola Adeleke, Attorney-General of the Osun State, House of Assembly, and OSIEC from taking any step or act to forcefully remove, oust, or force the claimants out of their offices anytime in October 2025 or thereafter till the 19th day of February, 2028, in their various local government councils.
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