Osun LGs Crisis: Omipidan and his Flawed Legal Opinion -By Sarafa Ibrahim

When someone drew my attention to a piece written by Mr. Ismail Omipidan in the legal questions on the crisis raging the local governments in Osun state, I was reluctant to read it. The first reason was Omipidan’s antecedents of fierce avarice for truth and what is right, and the other was his clear bias for the All Progressives Congress (APC), although, he claimed to have returned to his journalistic work. How someone who is openly partisan can be objective remain to be seen.

It’s even laughable, to say the least, that Omipidan is contesting what almost every reasonable Nigerians are well aware as the true position of the things on the local governments crisis in Osun. Contrary to his claim, it is Omipidan that is trying to mislead Nigerians with his erroneous position on who should legally claim the local governments in Osun state.

As a starter, it is disingenuous for Omipidan to claim that the only valid judgement is the Appeal Court judgement of February 10, 2022. This is so because, contrary to his claim, no where in the judgement did the court reinstated the court-sacked YES or NO officials. And it is not just Chief Mike Ozekhome, SAN, that rightfully made this deduction, but the Nigeria Bar Association (NBA) emphatically made this clear in a recent letter it addressed to the Attorney-General of the Federation, Prince Lateef Fagbemi (SAN).

It is settled principles of law that a judgement is what the court says, not otherwise. I give to Omipidan, he is doing everything to justify the brazen assault on legality and the rule of laws that his party, the APC, had viciously demonstrated on the Osun local governments crisis. For the purpose of refreshing memory, it is important to stressed that the APC formulated four issues before the court of Appeal in challenge of the November 25, 2022, judgement that nullified the October 15, 2022, local governments election in Osun state.

Of the four issues, the Court of Appeal only entertained issues 1 and 2, which centred on the originating summon in the suit FHC/OS/CS/94/2022, and struck it out purely on technical ground of it filed prematurely. Issues 3 and 4, which centred on the question on whether the October 15, 2022 election held in compliance with the provisions of Sections 28, 29, 30, 32 and 150 of the Electoral Act, 2022 and a decision of the Supreme Court in OSSIEC v. ACTION CONGRESS 2010) 19 NWLR (PT. 1226) 273 SC, and legal status of the beneficiaries of the election, was never entertained by the Court of Appeal as it was discarded as “academic exercise” which the court is not prepared to venture into.

By academic exercise, the Supreme Court in SC/VC/478/2021 held that “a case on appeal become academic when it would bring no benefit to any of the parties, or where there is no live issue in the claim. Also, in AG Plateau State V. AG Federation (2006) 3 NWLR (Pt. 967) 346 @ 419: Nikki Tobi, JSC (of blessed memory stated the law as follows: “A suit is academic where it is merely theoretical, makes empty sound and of no practical value to the plaintiff, even if judgement is given in his favour. A suit is academic if it is not related to practical situation of human nature and humanity.”

The clear implications of the February 10, 2025 judgement of the Court of Appeal is that, although the suit in the PDP case was struck out, no legal rights was conferred on the court-sacked YES or no officials. It was pure technicality as no judicial pronouncement was made on either the October 15, 2022 local governments election or the purported beneficiaries of the election. The claim of reinstatement is fraudulent and grand scheme to throw Osun state into crisis by the power mongers.

Beyond this, there exist another judgement in the suit FHC/OS/CS/103/2022 filed by the Action Peoples Party (APP), which sacked the APC chairmen and councillors. Just as the one in the PDP case, the APC appealed that judgement but abandoned, prompting the Court of Appeal to dismiss it for want of diligent prosecution. The APC attempted to revive the dismissed appeal through an application before the Court of Appeal and on June 13, 2025, the Appeal dismissed it as lacking merit.

The question that Omipidan failed to answer in his piece is, why did his party, the APC, applied for the relisting of the appeal in the APP case since he is now claiming it is of no effect? The NBA in its considered opinion held that going by the Supreme Court decision in Osakue vs. Federal College of Education (Tech), Asaba & Ors. (2010) 10 NWLR (Pt. 1201) 1, the latter decision of the same court on the same issue represents the law and thus constitutes a bar.

As a matter of law, the judgement in the APP suit is still in effect and its voiding of the October 15, 2022, local governments election remained unimpeached. The legal potency of the judgement is reinforced by a Supreme Court decision in OYENEYIN & ANOR I. AKINKUGBE & ANOR(2010) LPELR-2875(SC, where the apex court held that ” In law, a void act is an act which has no legal effect or consequence. It does not confer any legal right or title whatsoever, and it does not impose any legal obligation or liability on any one or make any party liable to suffer any penalty or disadvantage.”

From the foregoing, it is clear to every reasonable Nigerians except for proponents of disregard for legality and rule of laws, which unfortunately, Omipidan’s piece embodied, the October 15, 2022 local governments election stand nullified and beneficiaries remained sacked. The Supreme Court in NGERE & ANOR v. OKURUKET & ORS(2014) LPELR-22883(SC), held that “…The judgment of a Court of competent jurisdiction subsists until upset on appeal. While the judgment subsists, every person affected by it or against whom an order is made must obey it even if it appears wrong. Judgments take effect immediately they are delivered and every Court has inherent power to proceed to enforce judgments at once. The enforcements on delivery can only be interrupted by a stay of execution provided there is an appeal.”

As much as those who rely on manipulation and federal might may try to twist the truth, the truth will remain unchangeable and history will relay every moment of this impunity to generations.