NBA President Criticizes Federal Courts Handling of Osun LG Cases

The President of the Nigerian Bar Association, Afam Osigwe, SAN, has expressed his disapproval of the Federal High Court’s involvement in the local government election disputes in Osun State. In a conversation with Sunday PUNCH, Osigwe criticized the court for taking on a case that was outside its jurisdiction.

The conflict in Osun State, according to Osigwe, can be traced back to the Federal High Court’s decision on the local government suits, which it had no authority to rule on. In 2022, the Peoples Democratic Party filed a lawsuit against the Osun State Independent Electoral Commission, the All Progressives Congress, and others at the Federal High Court in Osogbo. The PDP contested the local government council elections, alleging non-compliance with the Electoral Act of 2022.

On November 25, 2022, the court granted all the PDP’s requests, nullified the local government elections held by OSIEC on October 15, 2022, and ordered the elected council chairmen to step down. The APC and other parties, dissatisfied with the ruling, appealed to the Court of Appeal in Akure, Ondo State. The appellate court sided with the APC, overturning the Federal High Court’s decision due to the PDP’s failure to file a valid originating process.

Despite the advice of the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, OSIEC proceeded to conduct a new LG election on February 22. Osigwe criticized the Federal High Court’s involvement in local government election matters, questioning its jurisdiction and authority to make decisions on the validity of laws related to such elections. He raised concerns about why cases like this are brought before the Federal High Court.

Why are senior lawyers and other legal professionals choosing to file cases in the Federal High Court instead of the State High Court where they should rightfully be determined?

This issue serves as the foundation for further examination. It is worth noting that all cases that have been appealed originated from the Federal High Court. The question remains: why are these experienced lawyers opting to file cases in the Federal High Court? Furthermore, why does the Federal High Court continue to entertain these cases when they should rightfully be handled elsewhere?