The crisis surrounding local government administration in Osun State has deepened as reinstated council chairmen from the All Progressives Congress (APC) have dragged the Federal Government, Governor Ademola Adeleke, and several others to court, seeking a judicial extension of their tenure.
The embattled chairmen, previously removed from office after a court ruling declared their 2022 election illegal, are now asking the Federal High Court in Osogbo to affirm that their tenure should run until February 2028, instead of ending in October 2025.
The APC officials were initially elected in October 2022, but were sacked after a federal court declared the elections unlawful.
However, the Court of Appeal in February 2025 reversed that decision and reinstated them to office.
Meanwhile, following local government elections held on February 22, 2025, the Peoples Democratic Party (PDP) swore in a new set of council executives.
This has led to both APC and PDP claiming control of the councils, prompting the Nigeria Union of Local Government Employees (NULGE) to abandon work. Consequently, local government allocations have been withheld.
In suit number FHC/OS/CS/147/2025, filed by Barrister Muhideen Adeoye on behalf of Saheed Onibonokuta and seven other APC chairmen, the claimants are asking the court to rule on several constitutional and legal matters relating to their tenure and the actions of the state government.
The suit lists six defendants to include the Attorney General of the Federation, the Inspector General of Police, Osun State Governor Ademola Adeleke, Osun State Attorney General and Commissioner for Justice and Osun State Independent Electoral Commission (OSIEC) as well as Osun State House of Assembly.
The chairmen argue that, according to the 1999 Constitution (as amended) and relevant state laws, their tenure should begin from the date of their inauguration, which occurred only after the appellate court reinstated them in February 2025.
“Upon a combined interpretation of Section 91, the Claimants, who were not given the opportunity to take their first sitting as democratically elected members of the various Local Government Councils in Osun State prior to 9th February, 2025 cannot be compelled to vacate office on the 17th day of October, 2025 or on any other date in October 2025,” they argued.
They insist that OSIEC’s actions including conducting new elections and swearing in another set of council members during their subsisting tenure are illegal.
“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 are seeking eight reliefs, including:
A declaration that OSIEC acted unlawfully by conducting new elections and swearing in PDP officials during their valid tenure.
A declaration that any steps taken by the Osun State Government or its agencies to install other council members between February and August 2025 are illegal, invalid, and unconstitutional.
A ruling that any attempt by the Attorney General of the Federation to curtail their tenure ending in October 2025 is ultra vires, null and void.
They are also asking the court to issue an injunction restraining Governor Adeleke, the Osun State Attorney General, OSIEC and the House of Assembly from taking any action to remove or replace them before February 19, 2028.
