The Court of Appeal in Akure, Ondo State, has struck out a legal challenge filed by the All Progressives Congress (APC), confirming the legitimacy of the February 2025 local government elections held in Osun State.
The ruling, delivered on Friday, June 13, 2025, effectively upholds the electoral wins of the Peoples Democratic Party (PDP), along with the legitimacy of the elected Chairmen and Councillors.
The appeal, with the suit number CA/AK/15/2025, was filed by the Allied People’s Movement (APM), Babatunde Nurudeen Idowu, and the APC.
The respondents included the Action Peoples Party (APP), the Independent National Electoral Commission (INEC), the Osun State Independent Electoral Commission (OSSIEC), the All Progressives Grand Alliance (APGA), and Prince Adegboye Famodun.
The panel of three justices; Oyebisi Folayemi Omoleye, Peter Chudi Obiorah, and Hadiza Rabiu Shagari unanimously ruled against the appellants, citing the case as lacking merit and being overtaken by events.
Justice Omoleye, who delivered the lead judgment, remarked, “Critically, this Court had earlier delivered judgment on 10th February 2025 in Appeal No. CA/AK/270/2022, involving basically the same parties and addressing substantially the same issues.
“The said appeal has been dismissed. What is more, the fresh Local Government elections conducted on 22nd February 2025 and the swearing-in of new Chairmen and Councillors have overtaken the substratum of this dispute. Relisting the appeal at this stage would serve no practical purpose.”
She further stated, “In sum, this application is not only procedurally incompetent and factually unsupported, it is also one rendered otiose by subsequent events. There is no longer any live controversy.”
“The matter is, in every material sense, a fait accompli. I therefore also dismiss the application.”
In agreement with the lead judgment, Justice Obiorah added, “Of course, the dismissal of the appeal means that there being no existing appeal against the judgment of the lower court, the said judgment stands as the authority defining the state of affairs as it regards the status of the officers of the various Local Government Councils in Osun State.”
He also addressed allegations surrounding contempt of court related to the earlier proceedings.
“However, the issue of violation of the orders of the lower court and the alleged contempt is the 3a Respondent/Applicant’s interpretation of the action of the 3d Appellant/Respondent with respect to their treatment of the judgment of the lower court, particularly after the dismissal of their appeal by this Court on 13/1/2025.
“The said contempt is ex-facie curiae. In INEC & ANOR v. OGUEBEGO & ORS (2017) LPELR-42609(SC) (Pp. 10-12 paras. F), the highly revered and cerebral, Chima Centus Nweze, JSC (of blessed memory) stated.”
The PDP, in a post on X (formerly Twitter), praised the court’s decision, calling it a validation of the people’s will and a setback for what it described as “political desperation.”
Celebrating the judgment, the party stated that the Certified True Copy of the ruling had clearly established the finality of the matter.
“The Court has dismissed APC’s appeal and affirmed Chairmen and Councillors elected in the 2025 Local Government Election as the duly elected council officials in Osun State.”
They also cited Justice Omoleye’s reasoning: “The Presiding Judge, Oyebisi Folayemi Omoleye in her ruling stated that since a fresh election has been conducted and new Chairmen and Councillors have been sworn in, there is no controversy anymore,” the PDP said.
