Appeal Court Upholds Osun LG Elections, Dismisses APC’s Petition as Irrelevant and Moot

In a pivotal ruling, the Appeal Court sitting in Akure has affirmed the legitimacy of the 2025 Osun State Local Government elections, effectively dismissing the appeal lodged by the All Progressives Congress (APC) against the declared winners. A Certified True Copy (CTC) of the ruling, issued on June 13, 2025, solidifies the election results and seals the authority of the newly elected Chairmen and Councilors.

The appeal was found to be both legally unsubstantiated and overtaken by events, according to the court’s presiding judge, Justice Oyebisi Folayemi Omoleye. Citing a lack of ongoing legal controversy, she ruled that the matter was now a “fait accompli” and dismissed the application in totality.

AAC Condemns Brutal Assault On Deaf Girl In Gombe, Demands Justice And Protection

Court Rules “No Longer Any Dispute” Over Election Outcome

Justice Omoleye was clear in her reasoning: the decision of the court was anchored on both legal precedent and the sequence of events that have transpired since the initial dispute. Referring to an earlier judgment in Appeal No. CA/AK/270/2022, delivered on February 10, 2025, involving the same parties and substantially similar issues, she emphasized that the issues had already been addressed and settled.

“What is more, the fresh Local Government elections conducted on 22nd February 2025 and the swearing-in of new Chairmen and Councillors have overtaken the substratum of this dispute,” Omoleye ruled. According to her, relisting the appeal at this stage would “serve no practical purpose.”

To reinforce her decision, Justice Omoleye cited a series of established legal precedents, including Baker Marine Nigeria Limited v. Chevron Nigeria Limited, and Union Bank v. Edionseri. These cases, she stated, support the dismissal of applications that have been rendered moot by evolving circumstances.

“In sum, this application is not only procedurally incompetent and factually unsupported, it is also one rendered otiose by subsequent events. There is no longer any live controversy,” she said emphatically. “I therefore also dismiss the application.”

Legal Clarity Restored on Osun Council Status

In a separate concurring judgment, Justice Obiorah provided additional clarity regarding the implications of the court’s decision. He affirmed that the dismissal of the APC’s appeal meant there is no longer any standing opposition to the judgment of the lower court, which had earlier validated the elections.

“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,” Justice Obiorah noted.

He addressed the allegations of contempt filed by the third respondent against the third appellant, labeling them as interpretative rather than substantive. According to him, the accusations of disobedience were outside the direct purview of the Court’s consideration and were better handled through other legal channels.

“The said contempt is ex-facie curiae,” Obiorah said, indicating that it was not plainly evident within the court’s direct observation and should not alter the main judgment. He invoked the Supreme Court decision in INEC & Anor v. Oguebego & Ors (2017) to bolster his reasoning, quoting the late Justice Chima Centus Nweze’s interpretation on similar matters.

APC’s Legal Options Narrowed as Electoral Dust Settles

With this judgment, the APC’s legal challenges to the February 2025 local elections appear to have hit a definitive wall. The elections, conducted by the Osun State Independent Electoral Commission, brought in new leadership across local government councils. The new officeholders have since been sworn in and have begun discharging their official duties.

The Appeal Court’s decision not only affirms the electoral process but also reinforces the importance of judicial finality and electoral integrity. By declaring the matter closed due to lack of live controversy, the court sent a strong message about the limits of post-election litigation once new leadership has assumed office under due process.

The ruling is expected to provide much-needed political stability in Osun State, particularly at the grassroots level, where the newly elected officials now have an unambiguous legal mandate to govern.