Africa
Osun LG Crisis: Kunle Adegoke Is Making A Terrible Mess Of The Legal Profession -By Sarafa Ibrahim
By refusing the motion to relist, the penultimate court stamped an earlier verdict of the Appeal Court in CA/AK/226M/2024. What is more, Justice Chudi Obiora in his lead judgement against the application by the APC to relist the dismissed appeal, emphatically held that “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.”
To an average mind, the rank of Senior Advocate of Nigeria (SAN) is the pride of legal profession and holder is generally viewed in the society as vanguard of justice and what is right. But unfolding events in the Osun local governments conundrum, particularly the deliberate twist of the true position of the law by Mr. Kunle Adegoke, SAN, popularly known as K-RAD, is fast changing perceptions about the legal profession.
In his recent communication to the Attorney-General of the Federation (AGF), Prince Lateef Fagbemi, SAN, to counter the sound legal opinion held by the Nigeria Bar Association (NBA), Mr. Adegoke not only fouled the very same law he swore to uphold, but also fouled logic. It is even worrisome that Mr. Adegoke could be so brazen in denigrating the NBA, the same platform that propelled him to the very status he enjoys today, just to suit his political objectives.
It does not take one to be a lawyer to observe the embarrassing misrepresentation of the law by Mr. Adegoke as pathetically pushed against the rule of laws in his letter to the AGF. It’s quite disheartening that while Mr. Adegoke tried to dorn the garb of partisanship on the NBA for standing against clear the desecration of the law and constitutionality, he ended up the dark side of dishonesty to the whole world. To understand this, take a look at his claim that there was no vacancy in the local governments in Osun state to warrant the February 22, 2025 poll.
On February 21, 2025, the High Court sitting in Ilesa, held that there was indeed vacancy in the local governments in Osun state and ordered the Osun State Independent Electoral Commission (OSSIEC) to conduct election to fill them. Although, Mr. Adegoke did everything to conceal this fact in his letter to the AGF but he failed to recognise that truth cannot be silenced, no matter the scheme of crooks.
That decision of the court is yet to be challenged nor set aside by a superior court and therefore, erroneous on the part of Mr. Adegoke to hold that there is no vacancy when the court of law emphatically said there was and ordered a fresh election which culminated in the February 22, 2025 poll. Or, is Mr. Adegoke suggesting that his opinion carries more legal implication than that of a law court, which derived its power from Section 6 of the 1999 Constitution (as amended)?
As a lawyer, one will expect Mr. Adegoke to understand the sanctity of judicial pronouncements unless set aside by a superior court. But it appears that Mr. Adegoke’s interest is not justice but manipulating thoughts to embrace the path of illegality that his party is clearly threading.
This is why I find it laughable that a supposed senior lawyer will try to diminish the import of the judgement of a court as significant as the Court of Appeal. The June 13, 2025 ruling of the Court of Appeal that Mr. Adegoke tried to paint as nothing actually affirmed the decision of the Federal High Court, Osogbo in suit no FHC/OS/CS/103/2022 which invalidated the October 15, 2022 local governments election and sacking the purported beneficiaries of the election.
By refusing the motion to relist, the penultimate court stamped an earlier verdict of the Appeal Court in CA/AK/226M/2024. What is more, Justice Chudi Obiora in his lead judgement against the application by the APC to relist the dismissed appeal, emphatically held that “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.”
And, contrary to the claim of Mr. Adegoke, one of the reasons which prompted the court of appeal to reach that decision to dismiss the motion to relist the dismissed appeal, was the disclosure by the OSSIEC, which is one of the defendants in the APC’s application, that fresh elections had held in the local governments to fill vacancy as held by the High Court in Ilesa.
So, it is plain untruth for Mr. Adegoke to claim that the February 22, 2025 local governments election was never before the Court of Appeal to warrant its reference to it in its decision. I find it troubling in the manner which lawyers, particularly those who should be the moral compass of the profession, choose to treat court pronouncements with contempt for political reasons as Mr. Adegoke did in his letter to the AGF.
In the recent case of NIGERIA ARMY COUNCIL & ORS v. ONYEACHU
(2025) LPELR-80760 (SC), Justice Chidi Nwaoma Awa held that “Concurrence/ concurring opinion is defined in Black’s Law Dictionary 9th edition as follows: “A vote cast by a Judge in favour of the judgment reached, often on grounds differing from those expressed in the opinion or opinions explaining the judgment. A separate written opinion explaining such a vote” In the case of NWANA V. FCDA & ORS (2004) LPELR-2102(SC) (Pp.11-12 paras. F), his lordship, Tobi, J.S.C., while determining the weight to be given to a concurring judgment, held thus: “A concurring judgment complements, edifies and adds to the leading judgment. It could at times be an improvement of the leading judgment when the Justices add to it certain aspects which the writer of the leading judgment did not remember to deal with. In so far as a concurring judgment performs some or all the above functions, it has equal force with or as the leading judgment in so far as the principles of stare decisis are concerned.”
Also, the apex court in BOT & ORS v. JOS ELECTRICITY DISTRIBUTION PLC
(2021) LPELR-55327(SC) held that “Jurisprudentially, the postulates of brother Justice Uwais, CJN and Niki Tobi, JSC, copiously alluded to above, albeit concurring contributory judgments, same formidably form part of the lead judgment authored and delivered by Ogundare, JSC. That view is formidably anchored on the trite doctrine, that it is the concurring judgment and the lead judgment alike that crystallise into the entirety of the decision of the Court seised of the matter or appeal. See OLORUNTOBA-OJU VS. ABDUL-RAHEEM (2009) 6 MJSC (Pt. 1) 1 @ 56 paragraphs E – F: I agree with the submission of the learned counsel to the Appellants quoting from the decision of Nwana Vs. FCDA (2004) All FWLR (Pt. 220) 1243 at 1254 paragraphs B – C particularly that a concurring judgment forms part of the leading judgment and it is meant to complement same by want of addition or improvement on the issues resolved in the leading judgment. Both leading and concurrent crystallize into the judgment of an Appellate Court.” Per IBRAHIM MOHAMMED MUSA SAULAWA, JSC (Pp 19 – 20 Paras B – A).
The above decisions of the Supreme Court are deemed the law and far outweighed the flawed opinion of Mr. Adegoke, which is clearly tainted by partisan consideration. Law and politics are entirely different and Mr. Adegoke should clearly draw the lines, else, he will make a terrible mess of the legal profession, if he has not already did.
• Sarafa Ibrahim is a Special Assistant to the Osun State Governor on Print Media and writes from Osogbo, Osun State
