The head of the Nigerian Bar Association, Afam Osigwe, SAN, has expressed disapproval of the Federal High Court’s involvement in addressing disputes related to local government elections in Osun State.
Osigwe highlighted that the issues in Osun stemmed from the Federal High Court’s decision on local government election matters, which he believes were beyond its jurisdiction.
In 2022, the Peoples Democratic Party initiated a legal action against the Osun State Independent Electoral Commission, the All Progressives Congress, and others at the Federal High Court in Osogbo.
The PDP contested the local government council elections, alleging non-compliance with the Electoral Act of 2022.
A ruling issued on November 25, 2022, by the court favored the PDP, annulling the local government elections held by OSIEC on October 15, 2022, and instructing the elected council chairmen to step down.
Following this, the APC and other parties appealed the decision at the Court of Appeal in Akure, Ondo State.
The appellate court overturned the Federal High Court’s ruling, citing the PDP’s failure to submit a valid originating process to grant jurisdiction to the lower court.
Despite this, OSIEC conducted a fresh LG election on February 22, disregarding advice from the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN.
In response to the situation in Osun State, Osigwe questioned the Federal High Court’s authority to make decisions on local government elections and urged that such matters should be handled by the State High Court.
He raised concerns about the trend of senior lawyers and others filing cases related to local government elections in the Federal High Court, emphasizing the need for proper jurisdiction in legal proceedings.