21/06/2025
SOME NOTABLE HIGHLIGHTS FROM THE RULING OF THE COURT OF APPEAL DELIVERED ON 13TH DAY OF JUNE, 2025 ON APC APPLICATION TO RELIST APPEAL NO CA/AK/15/2025 BETWEEN APM & 2 ORS V. APP & 4 ORS. AND MOVE BACK TO THE LOCAL GOVERNMENT COUNCILS IN OSUN STATE.
1. At page 16, paragraph 2 of the Lead Ruling delivered by His Lordship, Peter Chudi Obiorah, JCA, the Court held thus:
“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”
2. At page 32 paragraph 2 of the Lead Ruling delivered by His Lordship, Peter Chudi Obiorah, JCA, the Court held thus:
“The parties locked horns before the Federal High Court, Osogbo in Suit No.: FHC/OS/CS/103/2022 which was an action in respect of election into Local Government Councils in Osun State. The lower court delivered its judgment on 30th November, 2022 effectively nullifying the election into the Local Government Councils across Osun State and sacked all individuals occupying offices in the Local Government Councils by virtue of the said election.”
3. At page 45 paragraph 2 of the Leading Ruling delivered by His Lordship, Peter Chudi Obiorah, JCA, the Court held thus:
“I say this because the 3rd Appellant/Applicant is a political party that fielded candidates in the Local Government elections that was nullified by the lower court. Some of those candidates won the election and were sworn into office as Chairmen and Councillors, and were exercising the functions of their offices until the judgment of the lower court sacking them from office was delivered on 30th November, 2022.”
4. At page 45 paragraph 3 to page 46 paragraph 1 of the Lead Ruling delivered by His Lordship, Peter Chudi Obiorah, JCA, the Court held thus:
“It follows that beyond the 3rd Appellant/Applicant as a party to the suit, there are some of her members who are directly affected by the judgment of the lower court by virtue of their removal from office as Chairmen and Councillors of the Local Government Councils, that naturally would push the 3rd Appellant/Applicant to pursue the appeal diligently if the 3rd Appellant/Applicant was sincerely desirous of doing so.”
5. At page 48 paragraph 2 of the Lead Ruling, the Court held thus:
“Like I earlier observed, the 3rd Appellant/Applicant is a political party in Nigeria with members across all the States in Nigeria. In particular, the 3rd Appellant/Applicant has her executive officers and members in Osun State, particularly her members who were sacked as Chairmen and Councillors as a result of the judgment of the lower court, and are personally aggrieved by the judgment.”
6. At page 48 paragraph 3 of the Lead Ruling, the Court held thus:
“If the 3rd Appellant/Applicant and her members who were elected as Chairmen and Councillors, and subsequently sacked by the lower court, knew that the term of office they were elected to serve was three years, then it is inconceivable that they will go to slumber for two years”
7. At page 49 paragraph 2 of the Lead Ruling, the Court held thus:
“Whatever that made the 3rd Appellant/Applicant and her sacked members to go to sleep for two years without worry and suddenly wake up after two years cannot be based on motives that are altruistic and in conformity with expeditious determination of the appeal, for even a right to fair hearing is expected to be exercised within a reasonable time as clearly stated in Section 36 of the Constitution of the Federal Republic of Nigeria, 1999.”
8. At page 56 paragraph 2 of the Lead Ruling, the Court further held thus:
“Everything in this application shows that the 3rd Appellant has not shown good cause why this application should be granted. The fate that has befallen them is self-inflicted. It is therefore my conclusion that the application lacks merit. It is accordingly dismissed.”
9. At page 4 paragraph 2 of the Concurring Ruling of His Lordship, OYEBISI FOLAYEMI OMOLEYE, JCA, the Court unequivocally held thus:
“Critically, this Court had earlier delivered judgment on the 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 the 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.”
10. At page 1 paragraph 1 of the Concurring Ruling of His Lordship, HADIZA RABIU SHAGARI, JCA, the Court held thus:
“I agree with the reasoning therein and the conclusion arrived at that the 3rd Appellant had shown no good cause why the application should be granted they went to slumber and they should remain therein. The law aids the vigilant and not the indolent.”
