Newskingdom reports that the Osun State Independent Electoral Commission, OSSIEC, has filed a stay of execution and injunction pending appeals after an Akure Appeal Court ruling in favor of all sacked local government chairmen and councillors elected under All Progressives Congress, APC.
It should be recalled that the sacked chairmen and councillors where elected under Yes/No process in October 15 2022.
The election was not into the 30 recognized local council areas but also 32 local council development areas, and seven area offices in the state.
A federal high court sitting in Osogbo listened to arguments of the Peoples Democratic Party,PDP, and other political parties that boycotted the election, nullified the election and ordered the council chairmen and councillors to be sacked.
Reacting to the appeal court judgement during a press briefing on Monday in Osogbo, OSSIEC said it has appealed the Appeal Court Judgement giving in Favour of the sacked Yes/No Chairmen and Councilors in Osun State with an application for stay of execution and injunction pending appeals.
Chairman of the commission, Hashim Abioye, also maintained that no court order was stopping them from conducting the February 22 local council election.
The statement reads in full; “Gentlemen of the Press,
I have called for this press briefing on a development in the process of Osun State local government election. Today the Court of Appeal struck out the suit filed by the Peoples Democratic Party (PDP) to challenge the conduct of Osun State local government election in 2022. The reasoning of the Appellate Court was that the suit was filed before the Notice of election was issued by the Osun State Independent Electoral Commission (OSSIEC).
“It must be noted that it was during the pendency of the said suit before the Federal High Court sitting in Osogbo in FHC/OS/CS/94/2022 that the Osun State Independent Electoral Commission (OSSIEC) Law 2022 was enacted and the notice of election was issued. The Claimant in the case amended the originating summons to bring the suit in line with the developments which occurred during the pendency of the suit.
“The Federal High Court delivered its judgment in the suit on the 25th November, 2022, nullifying the election and sacking the purported elected officials. The affected political party All Progressive Congress (APC) and their purported candidates for the election appealed the judgment, and today the Court of Appeal delivered a judgment in the appeal striking out the suit for being speculative. No more to that at the Court of Appeal.
“However, by another judgment of the Federal High Court in suit No.: APP .v. INEC & ORS, the Federal High Court in a judgment delivered on 30th November, 2022 nullified the election and sacked the purported elected officials. The All Progressive Congress (APC), Allied People Movement (APM) and 1 other person appealed the judgment but later abandoned the appeal and the same was dismissed by the Court of Appeal on the 13th January, 2025.
“To this effect, there is no order returning any purported elected officials of the All Progressive Congress (APC) to office as there is no Order of any Court reinstating them to office. In particular, there is no Order of any Court stopping the conduct of the election already scheduled by the Commission to hold on 22nd February, 2025.
“In specific terms, the thirty (30) Local Government Areas in Osun State remain vacant till date as there is a substituting decision of the Federal High Court and the Court of Appeal against the All Progressive Congress (APC) and its purported candidates.
“Towards this end, I urge the public to remain calm and all political parties to go about their peaceful campaigns as we countdown to the D-day, that is 22nd February, 2025. All is set for the election to hold.”
