By Akpos Oje
The Court of Appeal in Akure, Ondo State, has thrown out a legal challenge filed by the All Progressives Congress (APC) and others, affirming the legality of the February 2025 local government elections in Osun State and validating the victory of the Peoples Democratic Party (PDP).
Delivering judgment on Friday, June 13, 2025, the three-member panel of Justices — Oyebisi Folayemi Omoleye, Peter Chudi Obiorah, and Hadiza Rabiu Shagari — unanimously agreed that the appeal lacked merit, had been overtaken by unfolding events, and amounted to an academic exercise.
The case, with suit number CA/AK/15/2025, was instituted by the Allied People’s Movement (APM), Babatunde Nurudeen Idowu, and the APC, challenging the Action Peoples Party (APP), the Independent National Electoral Commission (INEC), the Osun State Independent Electoral Commission (OSSIEC), the All Progressives Grand Alliance (APGA), and Prince Adegboye Famodun.
In her lead judgment, Justice Omoleye recalled that the appellate court had already ruled on a similar matter on February 10, 2025, in Appeal No. CA/AK/270/2022, involving nearly identical parties and legal questions.
“That appeal was dismissed,” she said. “Furthermore, the conduct of new local government elections on February 22, 2025, followed by the swearing-in of the newly elected officials, has rendered this suit irrelevant. Reinstating the appeal would serve no meaningful legal purpose.”
She concluded: “This application suffers from procedural flaws, lacks evidentiary support, and has been rendered redundant by subsequent developments. No live dispute remains. It is, therefore, dismissed.”
In his supporting opinion, Justice Obiorah emphasized the finality of the lower court’s judgment, which now stands unchallenged.
He added that while there were allegations of contempt related to non-compliance with previous court orders, those issues fell outside the immediate jurisdiction of the appellate court. Citing INEC v. Oguebego (2017), he noted that any contempt claims would need to be addressed separately.
In response to the ruling, the PDP took to social media platform X to express satisfaction with the outcome. The party hailed the judgment as a validation of the people’s will and a clear rebuke of what it called the APC’s “political desperation.”
“The Certified True Copy of the ruling confirms that the Court of Appeal has upheld the election of PDP Chairmen and Councillors across Osun State,” the party said in a statement.
Quoting the lead judgment, the PDP added: “The Presiding Judge, Justice Omoleye, affirmed that with the new elections concluded and officials already in office, the matter is closed.”
