Prominent constitutional lawyer and Senior Advocate of Nigeria (SAN), Mike Ozekhome has urged the Attorney General of the Federation (AGF) to accept the legality of the Osun State LG election which produced 30 chairpersons and 332 councillors under the platform of the Peoples Democratic Party (PDP).
This was contained in a letter written by the senior lawyer, who is the solicitor for the PDP members and directed to the AGF.
According to the senior lawyer, in a letter dated June 23, 2025, the AGF is aiding an ongoing illegality by backing sacked All Progressives Congress (APC) officials still occupying local council secretariats across the state.
Ozekhome also condemned calls by the AGF for the Minister of Finance and Coordinating Minister of the Economy to disburse the local government allocations to the sacked APC officials until the expiration of their purported tenure in October.
The letter read partly, “We are Solicitors to the 30 Local Government
Chairmen/Councilors of Osun State that were duly elected under the platform of the Peoples Democratic Party, PDP (our Client).
“It is upon their firm instructions we respectfully write to bring to your attention some critical judicial pronouncements that legitimized and legalized the 22nd February, 2025 election that brought in the PDP Local Government Chairmen/Councilors in Osun State on 22nd February, 2025 and sworn in on the 23d of February, 2025.”
Ozekhome explained that a judgement of the Federal High Court, Osogbo, delivered on 30 November 2022, nullified the APC-led local government elections held on 15 October 2022.
He continued, “Unfortunately, these judgements have been and are still being brazenly flouted by some sacked APC persons who are falsely parading and laying claim to the same positions even after their election had been invalidated and nullified by the Federal High Court, Osogbo Judicial Division.
“They are using and hiding under federal might and your earlier erroneous pronouncements and directive to the Honourable Minister of Finance and co-ordinating Minister of the Economy to justify the impunity of occupying and wrongfully laying siege on the Local Government Council secretariats. They do this to the detriment of the 30 legitimate Chairmen/Councilors validly elected on the platform
of the PDP.”
He alleged that the AGF’s directive emboldened federal security agencies to provide protection for the sacked APC chairmen, allowing them to maintain control of the 30 local government council offices.
“Your said letter dated 26th March, 2025, unfortunately encouraged the Hon. Minister of Finance and Co-ordinating Minister of the Economy to aid the illegality being perpetrated by the sacked 30 APC Chairmen/Councillors. Such instruction, most
respectfully, sir, constitutes an affront on extant decisions of all courts of law in this unfortunate matter.
“A copy of your said letter to the Hon. Minister of Finance and co-ordinating Minister of the Economy wherein you erroneously stated that ‘the elected officials of the All Progressives Congress (APC) are the ones running the affairs of the Osun State Local Government Councils until the end of their tenure in October, 2025, and are therefore entitled to be paid the statutory allocations until the end of the said period’ is attached herewith as Annexure A. Page 2 of 18.”
He noted that the Supreme Court, in several cases had belittled the argument of the APC Chairmen/Councilors to remain in power.
The senior lawyer also cited the case of NWAKIRE v COP (1992) LPELR-2097 (SC) 42-43, A-D; and MILITARY GOVERNOR OF LAGOS STATE V. OJUKWU & ANOR (1986)LPELR-3186(SC) to back his argument.
Ozekhome concluded, “This letter is therefore to respectfully draw your attention to the unanimous decision of the Court of Appeal, Akure Judicial Division, in Appeal No: CA/AK/15/2025, between ALLIED PEOPLE MOVEMENT & 2 ORS V ACTION PEOPLES PARTY (APP) & 4 ORS, delivered on 13th June, 2025.
“This decision has finally settled once and for all, the correct legal status of the contending parties (the APC and the PDP).”
