NBA differs as APC chieftain demands Osun judge’s probe
The Nigerian Bar Association in Osogbo, Osun State, has disagreed with a chieftain of the All Progressives Congress, Olatunbosun Oyintiloye, over his call for the National Judicial Council to probe Justice A.A. Aderibigbe of the State High Court concerning the local government crisis in the state.
Oyintiloye, a former member of the Osun State House of Assembly representing Obokun State Constituency, in a statement on Monday, called for the NJC to investigate and sanction the judge for declaring vacancies in the state’s local government areas.
However, the Chairman of the Osogbo NBA branch, Yemi Abiona, in an interview with The PUNCH, disagreed, asserting that Justice Aderibigbe did not commit any misconduct warranting a probe or sanction by the NJC.
Justice Aderibigbe’s ruling, delivered on February 21, 2025, granted the Osun State Independent Electoral Commission permission to conduct local government elections on February 22, asserting that vacancies existed in all 30 LGAs.
The judge further mandated OSSIEC to fill the vacancies through elections.
But in his statement on Monday, Oyintiloye argued that the judge’s ruling contradicted an earlier ruling by the Court of Appeal on the Osun LG crisis.
He added that Justice Aderibigbe’s ruling also contradicted an advisory by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), who, on February 20, urged Governor Ademola Adeleke not to proceed with the elections.
“I appeal to the NJC to investigate Justice Aderibigbe for bringing the judiciary to ridicule with his judgment of February 21, recognising vacancies in Osun LGAs after the Court of Appeal reinstated the elected chairmen and councillors removed in the October 15, 2022, election. Can an order from a state High Court supersede a Court of Appeal ruling? Where and when did Justice Aderibigbe sit to issue this order?” Oyintiloye questioned.
He further criticised the manner in which the ruling was made public, noting that the Osun State Attorney-General and Commissioner for Justice presented the order to journalists rather than the court itself.
“Can a judge deliver a judgment without making the affected parties—reinstated APC chairmen and councillors—part of the suit? Can a judgment be delivered based solely on a Motion on Notice? The Osun State High Court (Civil Procedure) Rules recognise only Writ of Summons, Originating Summons, Originating Motion, and Petition as valid means of commencing an action. No legitimate action begins with just a Motion on Notice. It is regrettable that a court proceeded to issue judgment in this manner,” he added.
He urged the NJC to probe Justice Aderibigbe’s ruling to uphold the sanctity of the judiciary, insisting that the judgment raised concerns about the hierarchy of courts and legal procedures that must be addressed.
However, in a counter-reaction, NBA Osogbo Chairman, Yemi Abiona, defended Justice Aderibigbe, stating that the judge had not committed any judicial misconduct in granting the order.
“Sincerely, I don’t see anything wrong in what the judge did. A party filed a case, and he heard it. The defendants were in court. The PDP sued OSSIEC and its chairman. A court cannot operate on speculation regarding whether they belong to the same party or not. The PDP is distinct from OSSIEC and its chairman,” Abiona said.
He emphasized that the judge acted within legal boundaries and that aggrieved parties had the option to appeal. “If anyone is dissatisfied with the ruling, they have the right to appeal to the Court of Appeal or ask the same court to set aside its order if obtained fraudulently. I see no misconduct in this process,” he added.
With differing perspectives on the ruling, the controversy surrounding Justice Aderibigbe’s decision continues to generate legal and political debate in Osun State.
