Court of Appeal Ruling: Clarity Amidst Confusion in Osun LG Dispute
A recent ruling by the Court of Appeal concerning the local government issue in Osun State has sparked varied interpretations, prompting calls for clarity. Mr. Balativ, a law lecturer at the University of Hull Law School in the UK, provided crucial insights on the "News at 10," aiming to dispel what he termed "misinformation and deliberate mischief" surrounding the court's decision.
Speaking on the program, Mr. Balativ emphasized a fundamental principle of law: "a judgment of court is only an authority for what it decided." He clarified that the Court of Appeal today declined an application by the APC to reinstate an appeal that had been dismissed on January 13, 2025, due to a lack of diligent prosecution.
However, the court's decision went further. It referenced a subsequent ruling on February 10, 2025, by Justice JCA, which had already reinstated the chairmen across Osun State local governments. The February ruling explicitly stated that the Federal High Court in Osogbo, presided over by Justice Emmanuel, lacked the jurisdiction to sack those local government chairmen in the first place.
"The court said that releasing the earlier dismissed appeal would amount to creating a confusion or luring the court into revisiting what has already been decided on the 10th of February 2025," Mr. Balativ explained, quoting the court's words. He questioned why, given this explicit reference and the court's refusal to be lured into "overruling or even considering" the earlier decision, anyone would interpret today's ruling as a sacking of the legitimately occupying local government chairmen.
Interpretation Divide and the Path Forward
The lecturer acknowledged that parties to the suit appear divided on the ruling's interpretation. "I'm wondering why it is that both parties have actually been unable to lay claim to the ruling, why the division to this extent?" the interviewer probed, noting the public confusion.
Mr. Balativ firmly attributed the controversy to a "deliberate attempt of some persons to hoodwink or mislead the public." He reiterated that the court's decision was "plain and clear": a refusal to reinstate an appeal because a subsequent ruling had already addressed the same subject matter. "The court said 'We are not releasing this appeal.' And... releasing the appeal would amount to... wasting the time of the court because there had been a subsequent appeal that decided the same subject matter," he stressed. "These are not my words. They are words of the court. The court said we will not be misled. The court said releasing will create a confusion."
Therefore, Mr. Balativ asserted, "the controversy that you see... is totally unnecessary and it's an attempt... by some people to hoodwink the public." He concluded by stating, "The authority now as I speak is that the judgment of the Court of Appeal on the 10th of February, which reinstated these legitimate chairmen, is still the valid judgment of the Court of Appeal." He further noted that the party that lost in that February appeal failed to file an appeal against it to the Supreme Court, rendering that judgment "sacrosanct as I speak today."
Mr. Balativ's comprehensive explanation on TVC News at 10 provided much-needed clarity on a complex legal matter, emphasizing the finality of the February 10th ruling and dismissing the notion that today's decision altered the status of the reinstated local government chairmen.
I'm Aisha shehu
Talksocialtalka News
