A chieftain of the All Progressives Congress, Olatunbosun Oyintiloye, has called on the National Judicial Council to investigate Justice A.A. Aderibigbe of the Osun State High Court over what he described as a “controversial order” regarding local government vacancies in the state.
Speaking with journalists on Monday in Osogbo, Oyintiloye criticised the judge’s decision, arguing that it contradicted a higher court ruling.
It will be recalled that on February 21, Justice Aderibigbe granted the Osun State Government permission to proceed with the February 22 local government elections.
In the same ruling, the court recognised that vacancies existed across the 30 local government areas and mandated the State Independent Electoral Commission to fill them through elections.
However, the ruling went against the advice given by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, who, on February 20, urged the state governor, Ademola Adeleke not to proceed with the election.
Fagbemi cited a recent judgment by the Court of Appeal, Akure Division, which had reinstated democratically elected chairmen and councillors who were removed by the Adeleke administration in 2022.
Reacting, Oyintiloye described Justice Aderibigbe’s order as “strange,” insisting that it was issued in contradiction to the ruling of a higher court.
“I want to appeal to the NJC to investigate Justice Aderibigbe for bringing the judiciary to ridicule with the judgment he delivered on February 21, recognizing vacancies in Osun LGAs after the Court of Appeal had returned the unjustly sacked elected chairmen and councillors elected in the October 15, 2022 election,” Oyintiloye said.
The former lawmaker questioned the legality of the judge’s ruling, arguing that it raised several concerns.
“Can the order of a State High Court supersede a judgment of the Court of Appeal? Where and when did Justice Aderibigbe sit to give the order?” he asked.
He further expressed concern about how the ruling was announced, stating, “Why is it that it was the State Attorney-General and Commissioner for Justice that presented the order of the court to journalists?”
Oyintiloye also raised procedural issues about the case, saying, “Can a judge deliver a judgment without persons whose interests (the reinstated APC chairmen and councillors) would be affected, not being made parties to the suit? Can a judge deliver a judgment on mere Motion on Notice?”
According to him, the law is clear on how a legal action should be commenced in Osun State.
“The four means recognized by the Osun State High Court (Civil Procedure) Rules are by Writ of Summons, Originating Summons, Originating Motion, and Petition. No valid action is commenced by mere Motion on Notice, and it is regrettable that a court of law would proceed to deliver its judgment on mere Motion on Notice,” he stated.
Oyintiloye, who was also a member of the defunct APC Presidential Campaign Council, noted that Justice Aderibigbe’s ruling came despite warnings from the police about potential security risks.
“The judgment came after the police had strongly advised the state government to suspend the election following intelligence that indicated high-security threats and volatility. But the government threw caution to the wind by turning a deaf ear to the warning. Eventually, lives were lost. If proper caution was taken, such loss would have been avoided,” he lamented.
The APC chieftain urged the NJC to thoroughly investigate Justice Aderibigbe’s actions to uphold the integrity of the judiciary.
He emphasised that the ruling had raised critical questions about the hierarchy of courts, which the NJC must address.
