Certified True Copy of the June 13, 2025 ruling by the Appeal Court has affirmed that the Court has dismissed APC’s appeal and affirmed Chairmen and Councilors elected in the 2025 Local Government Election as the duly elected council officials.
This is made known in a Certified True Copy of the June 13, 2025 ruling by the Appeal Court obtained by our reporter
The Presiding Judge, Oyebisi Folayemi Omoleye in her ruling stated that since a fresh election has been conducted and new Chairmen and Councilors have been sworn in, there is no controversy anymore.
She said, “Critically, this Court had earlier delivered judgment on 10th February 2025 in Appeal No. CA/AK/270/2022, involving basically the same parties and addressing substantially the same issues.
“The said appeal has been dismissed. 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.
“Relisting the appeal at this stage would serve no practical purpose.
“As settled in the case of: BAKER MARINE NIGERIA LIMITED V. CHEVRON NIGERIA LIMITED SCER (2006) S.C. 374/2001 per Achike, JSC (of blessed memory):
“See also the cases of: ADELAJA & 2 ORS. V. ALADE & ANOR. (1999) 4 SCNJ. 225 AT 245; UNION BANK V. EDIONSERI (1988) 2 NWLR (PT.74) 93 AND JULIUS BERGER (NIG.) LTD. V. FEMI (1993) 5 NWLR (PT. 295) 612.
“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. The matter is, in every material sense, a fait accompli,
“I therefore also dismiss the application.”
Furthermore, Justice Obiorah in his lead judgement declared 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.
“However, the issue of violation of the orders of the lower court and the alleged contempt is the 3a Respondent/Applicant’s interpretation of the action of the 3d Appellant/Respondent with respect to their treatment of the judgment of the lower court, particularly after the dismissal of their appeal by this Court on 13/1/2025.
“The said contempt is ex-facie curiae.
In INEC & ANOR v. OGUEBEGO & ORS (2017) LPELR-42609(SC) (Pp. 10-12 paras. F), the highly revered and cerebral, Chima Centus Nweze, JSC (of blessed memory) stated”.
