The raging controversy over the judgment delivered by the Court of Appeal, Akure, on Monday, in a matter brought by the All Progressives Congress (APC), Osun State chapter, intensified on Tuesday as the state’s Commissioner for Justice, Mr. Oluwole ‘Jimi Bada, clarified that the ruling did not reinstate the sacked local government chairmen and councillors.
He condemned the misinterpretation of the judgment by various parties to suit their individual interests.
Addressing a press conference in Osogbo, the state capital, Bada maintained that “what the Court of Appeal did was to strike out the originating summons filed by the PDP, and that was all.”
According to him, anybody could just be making interpretations outside what the court held. But the court did not at any point in time hold that any sacked local government chairman should go back to office. The Court of Appeal did not make that statement yesterday.
He said, “I want to confirm to you straight away that the Court of Appeal, Akure, did not go into the merit of the appeal lodged by the APC before them. Their finding was just that there was no cause of action at the time the PDP brought the suit against OSSIEC at the Federal High Court.
“Whichever way we look at it, initially, I stated my view when I mentioned the court judgments at the Federal High Court, Osogbo—one in favor of the APM and another in favor of the PDP. The judgment in favor of the APM is a subsisting one that sacked the so-called elected chairmen and at the same time set aside their election as unconstitutional and in contravention of the Electoral Act.
“That judgment is still subsisting, yet nobody is making comments about it. Regarding yesterday’s judgment, the Court of Appeal never at any point made any comment about any chairman being restored to office.
“It was never part of the proceedings. What the court did was to strike out the originating summons by the PDP because, at the time it was filed, the cause of action had not arisen. So, nobody should be reading what is not in the judgment of the court. It is not fair to the Court of Appeal.
“The court set aside the pleadings filed by the PDP. The implication is that the PDP never brought any action, and of course, there was no judgment. That is the implication if you want to interpret it correctly. The APM judgment is a judgment in rem, and the PDP didn’t need to bring any action.
“It is a judgment that binds Accord Party, Labour Party, PDP, APM, and any political party registered in Nigeria that was eligible to participate in that local government election. That finding by the Federal High Court is a judgment in rem. Even if the PDP never brought any action, the Federal High Court had already set aside the election conducted by OSSIEC in 2022.
“The only appeal filed against that judgment at the Court of Appeal, Akure, was dismissed on January 13, 2025. It is still the subsisting judgment, and we need to understand this.”
