Oyintiloye asks NJC to probe Osun judge over LG election ruling

Olatunbosun Oyintiloye, a chieftain of the All Progressives Congress (APC), has asked the National Judicial Council (NJC) to investigate A.A Aderibigbe, a judge of the Osun state high court, for granting a “controversial order”.

On February 21, Aderibigbe granted the state government’s request to conduct LG polls on February 22.

The court order also recognised existing vacancies in all the 30 LGAs of the state and mandated the Osun State Independent Electoral Commission (OSSIEC) to fill the vacancies.

However, the court order was at variance with the judgment of the court of appeal in Akure which restored democratically elected chairmen and councillors removed in 2022 by the Ademola Adeleke administration.

Lateef Fagbemi, attorney-general of the federation, had intervened in the legal saga and advised Adeleke not to proceed with the election.

Fagbemi said the elected LGA chairpersons must be reinstated since the court of appeal had dismissed the judgment of the lower court that sacked them.

However, the LG election was conducted and the candidates of the Peoples Democratic Party (PDP) won all available positions.

In a statement released on Monday, Oyintiloye slammed Aderibigbe for the order.

“I want to appeal to the NJC to investigate justice Aderibigbe for bringing the judiciary to ridicule with the judgement he delivered on February 21, recognising vacancies in Osun LGA after the court of appeal had returned the unjustly sacked elected chairmen and councillors elected in the October 15, 2022 election,” he said.

“Can the order of the state high court supersede a judgement of the court of appeal? Where and when did justice Aderibigbe sit to give the order?

“Why is it that it was the state attorney-general and commissioner for justice that presented the order of the court to journalists?

“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 judgement on mere Motion on Notice? The law is clear that no action is commenced by Motion on Notice by which the judge delivered his judgment.

“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.

“These and many other questions that NJC needs to ask Justice Aderibigbe.”

Oyintiloye added that the order has raised questions about court hierarchy which the NJC should provide answers to.