Tag: Osun

By Sylvester Udemezue

I’m going through the CA judgment on Osun LGA. I plan to offer an opinion thereon.

But, in the meantime, I can tell you for free, that the reliefs sought at the FHC were/are outside the limited jurisdiction of Nigeria’s Federal High Court:

1. What exactly is the business of Nigeria’s Federal High Court with LGA elections in Osun State? How did the FHC assume jurisdiction over the case in the first instance?

2. What power does the FHC have to dabble into whether a State Independent Electoral Commission can or cannot conduct LGA elections or whether a State Independent Electoral Commission has met or has not met any condition(s) precedent for conduct of LGA elections?

3. Who gave Nigeria’s Federal High Court power to determine whether any LG Law of any state is inconsistent or not inconsistent with the Nigerian Constitution?

4. From where does the FHC get jurisdiction to sit over any case related to whether the office of an LGA Chairman has become vacant or whether the tenure of an LGA Chairman has or has not ended?

5. Where in our laws is any power or jurisdiction reserved for Nigeria’s Federal High Court to look into issues revolving around conduct of LGA elections or powers of a State Independent Electoral Commission?

6. I have a humble suggestion: It should be made a mandatory condition before anyone is employed as a judge of Nigeria’s Federal High Court, to sit for a mandatory examination on scope and limits of the jurisdiction of Nigeria’s Federal High Court. Unless you pass the exam, you’d not be employed. Such an examination is necessary now because, it appears, some FHC judges do not know the horizons of their statutory jurisdiction. This is why they accept and assume jurisdiction over all manner of cases that fall outside their jurisdiction. Or, could this be as a result of evil influence of some unscrupulous politicians who act in collaboration with unethical lawyers and judges?

7. Well, I’m still reading the CA judgment on OSUN LGA elections, and I will still go through the Osun High Court judgment, the statement by the HAGF and the statement by the Osun Government. Thereafter, I will offer a detailed opinion to represent my position on the issue. However, before i leave, the question is still burning in my head: *Who gave Nigeria’s Federal High Court power over any issue relating to LGA elections?* When would Nigerian lawyers and their collaborators at the Federal High Court bench appreciate that it is not the PARTY but the SUBJECT that determines jurisdiction of the Federal High Court? So, if you like, and with a view to bringing your matter before the FHC, add all federal government agencies to the originating papers, it’s still the SUBJECT MATTER, not the parties, that determines FHC’s jurisdiction.

8. NBA needs to start retraining Nigerian judges and lawyers, including me, on jurisdiction of courts and observance of legal ethics.

9. There’s fire on the mountain, especially at the Federal High Court.

10. When we were in school, we learned that the jurisdiction of Nigeria FHC (Federal High Court) is both LIMITED and EXCLUSIVE – LIMITED because it does not have jurisdiction to hear all matters save those assigned to it by law; and EXCLUSIVE because it has monopoly over the matters assigned to it by law. *It is not an all-comers-affair Court, to hear all matters under the sun.* Unfortunately, Nigerian lawyers (especially the Seniors who should know better) have turned the Federal High Court into a Court of unlimited jurisdiction. Besides, any FHC anywhere now hears any case from any state.. The aim of creation of Divisions of the FHC is now defeated by the shenanigans of some of our senior lawyers, some unprofessional and incompetent judges and their politician-influencers. President Buhari’s prophecy about _*”Nigeria: From Top To Bottom.”*_ is coming to pass.

11. In Kano State, senior lawyers had dragged CHIEFTAINCY MATTERS before the FHC and the FHC welcomed it, and decided it; thank God, the Court of Appeal has set aside the illegal judgment of the FHC. In Rivers State they brought LGA Election matters before the FHC and the FHC happily decided it although the Court of Appeal has now thrown away that illegal judgment of the FHC. Ditto in Osun and in many places. In the case of Rivers State, senior lawyers deliberately took to an FHC presided over by Hon Justice Omotosho, an issue that is not in dispute at all in Rivers State, and the respected Hon judge decided it with happiness, handing the Claimants a huge *CADMEAN VICTORY* – the type of victory that is absolutely unhelpful for any purpose to the so-called victor. Federal High Courts judges in Abuja are hearing matters arising from Rivers while the Minister of the FCT is building Quarters for judges of the FHC, Abuja. 😂🤣🤣. There is total chaos in the FHC. A discussion for another day.

12. One thing is obvious, from the provisions of the Constitution and other laws:

🅰️. Jurisdiction of the Federal High Court is determined primarily by SUBJECT MATTER, not by PARTIES. Thus, the mere fact you drag a FEDERAL GOVERNMENT AGENCY before the FHC is not enough legal justification to give the FHC any jurisdiction on your matter. For the FHC to have jurisdiction, the SUBJECT MATTER must be within its statutory jurisdictional competence

🅱️. Jurisdiction of the Supreme Court is determined primarily by PARTIES, not SUBJECT MATTER

I shall make out time to contribute an opinion on this although i think most lawyers AND JUDGES know most of these but are only doing anyhow thereby killing the legal profession in Nigeria, because of:
1. MONEY (some place money and politics above legal ethics)
2. POLITICS (some are carried away by political leaning)
3. UNPROFESSIONALISM (many senior lawyers are shamelessly unprofessional) and
4. SELFISHNESS.

(Respectfully,
Sylvester Udemezue (Udems),
Legal Practitioner, Law Teacher, and Proctor of The Reality Ministry of Truth, Law and Justice (TRM)
08109024556.
TheRealityMinister@Gmail.Com…)

Osun State Governor Ademola Adeleke has directed the newly elected local government chairmen to stay away from local government council secretariats in order to avoid a breakdown of law and order in the state.

Adeleke also charged the officials to work within the manifesto of the Peoples Democratic Party, PDP, noting that his administration is transforming the state for the better.

The governor issued the directives while administering the oath of allegiance and oath of office on the 30 local government chairmen and vice-chairmen at the Osun State Government House on Sunday.

Addressing the newly sworn-in local government officials, Adeleke said the occasion is the culmination of what the people of the state have laboured to achieve.

He recalled the journey so far, adding that it is the final phase of a process which began a year ago

“I call on you to be agents of change, community developers or providers of the dividends of democracy.

“We will not fail you. People’s welfare will continue to be our watchword,” Adeleke said.

He appreciated Osun electoral commission and commended security agencies and state officials who made the exercise a success.

Adeleke also expressed appreciation to President Bola Tinubu for not allowing Osun State to descend into chaos.

“I assure Mr President of my commitment to the rule of law,” he said.

Also addressing the newly sworn-in local government officials,Oyo State Governor, Seyi Makinde, congratulated them and urged them not to forget the promise they made during the campaigns.

“This is an opportunity for you to deliver to the grassroots. This will be your stepping stone to higher positions and the reward for hardwork is more opportunities.”

Expressing surprise at the the violence which broke out in the state on Monday, February 17, 2025, Makinde said he felt the need to come around to sound a warning in order to prevent a repeat of history.

“We don’t want ‘wild wild West’ again. They should stay away from this zone. We want to peacefully provide the dividend of democracy to the people.

“They should not resort to self help even if there is a court judgment. They should not think because they have federal might, this is a federal arrangement. I will stop here.”

Earlier, the Chairman of the Osun State Independent Electoral Commission, OSSIEC, Barrister Hashim Abioye presented Certificates of Return to the elected chairmen.

The OSSIEC chairman congratulated the elected chairmen on their victory, just as he urged them to be good ambassadors of democracy both in conduct and service to the people.

OSSIEC had on Saturday announced candidates of the Peoples Democratic Party, PDP, as winners of the 332 councillorship and the 30 local government chairmanship seats in the state.

Flowerbudnews

The sacked chairman of Irewole Local Government, Osun State, Remi Abass, has been shot dead by unknown gunmen at the local government secretariat in Ikire.

Eyewitnesses said the attackers stormed the secretariat in broad daylight on Monday, firing multiple gunshots.

“It was sudden and chaotic. People ran for safety,” said a local resident who requested anonymity.

The Osun State Police Command confirmed the incident and stated that investigations had begun. “We are working to apprehend the perpetrators and restore calm in the area,” said Police Public Relations Officer, SP Yemisi Opalola.

Abass was among the local government chairmen, elected on the platform of the All Progressives Congress, APC, sacked by the Federal High Court sitting in Osogbo in November 2022.

Meanwhile, two persons have also been confirmed dead in Boripe LGA of the state over the fracas that erupted when some hoodlums allegedly working for the Peoples Democratic Party, PDP, and the All Progressives Congress, APC, attempted to take over the council.

The victims, whose names were given as Ege and Igara, according to eyewitnesses, were shot dead by hoodlums.

It was gathered that Ege, who decamped from the APC to the PDP recently, was the only son of his parents, with his father also said to be a member of the PDP.

One other person whose name was given as Yinka, a photographer, was also shot and is currently in critical condition at an undisclosed hospital, DAILY POST reliably gathered.

The situation has caused panic in the area as residents scamper for safety.

The Osun State Independent Electoral Commission, OSSIEC, has disclosed that the February 22, 2025 local government election will be conducted in the 30 constitutionally recognised council areas in the state.

This revelation was made by OSSIEC Chairman, Barrister Hashim Abioye while fielding questions at the 44th edition of The Frontliners organised by the League of Veteran Journalists in Osogbo on Wednesday.

Abioye also maintained that the Commission did not disqualify any candidate on account of nomination and did not screen them based on tax remittances.

“OSSIEC will conduct election into the 30 constitutionally recognised local governments in the state.

“We did not disqualify any candidate on account of nomination form and tax remittances. We only disqualified names in the list which OSSIEC noticed did not partake in the party primaries.

“Those in the court today were those who were never nominated or on the political party list,” he said.

While explaining that litigation is part of the electoral process anywhere in the world, Abioye revealed that OSSIEC ha recorded the highest number of litigations under him.

He added that there is no election law that did not have provision for litigation.

“Litigation is part of the electoral process and there is no election anywhere where litigation is not encountered.

“In OSSIEC history, we have the highest number of litigation. It is only those in the media that the public is ware of.the radar is clear us legally and constitutionally to conduct the LG election. We have been building on the legitimacy of the constitution.

“We would have encountered problem had it been we got it wrong at the point of notice,” he said.

The OSSIEC boss while highlighting steps the Commission has taken to ensure the conduct of the local government election, said trainings, seminars and retreats have been organised for the staff to ensure credibility of the process.

The chairman of the occasion, Emmanuel Agboola, a retired director of the Independent National Electoral Commission, INEC, stated that election is a process.

He appreciated the Inter Party Advisory Council, Osun chapter, for the job they are doing to support OSSIEC.

“I am more concerned about the process and to ensure it is adjudged credible and the assignment before ossiec is tasking.

“Election is not a perfect job as you re doing your job that some people are there to give you the knocks,” he said.

The acting Chairman, Osun State League of Veteran Journalists, Prince Adeyeye Oyedokun stressing the importance of journalists to the society said the media is so crucial at this stage to democratic governance and to sustenance of democracy and will continue to give account of daily occurrence.

He also lamented that enemies of democracy were already predicting the outcome of the Osun local government election

He urged the public to always respect the practising journalist because they risk everything.

Flowerbudnews