Osun LG elections must hold as constitutional mandate, says lawyer

A legal practitioner, Pelumi Olajengbesi, has insisted that the local government elections scheduled for February 22, 2025, in Osun State must hold as a constitutional obligation that cannot be stopped by any authority, including the state or federal government.

In a strongly worded statement issued on Wednesday, Olajengbesi emphasized that no agency, institution, or individual, including the Governor of Osun State or the President of Nigeria, has the legal authority to halt the elections. He described any attempt to stop the process as unconstitutional and an affront to democratic principles.

Citing the 1999 Constitution of the Federal Republic of Nigeria (as amended), Olajengbesi referenced Section 7(1), which guarantees a system of democratically elected local government councils, ensuring that governance at the grassroots level is determined by the will of the people.

He also pointed to Section 197(1)(b), which vests the exclusive power to conduct local government elections in the State Independent Electoral Commissions (SIECs), and Sections 4(6) & (7), which empower the State House of Assembly to legislate on local government matters, including the conduct of elections.

“The Osun State Independent Electoral Commission (OSSIEC), as established by law, has fulfilled its constitutional duty in preparing for the elections. As of today, no competent court has issued a restraining order against this election. Even if a court were to attempt such an order, it would be legally flawed, as no court has the jurisdiction to halt a constitutional process,” he stated.

Read also: Police urge suspension of Osun LG elections, cites security concerns

Olajengbesi also condemned the Nigeria Police Force for advising against the conduct of the election on security grounds, describing it as a “gross procedural flaw.” He argued that security agencies do not have the constitutional authority to determine whether an election should proceed, stressing that their primary duty is to maintain law and order, not to interfere with democratic processes.

“If the task of securing the state has become too overwhelming for the police, they should be honest enough to admit it, rather than hiding behind intelligence reports to justify the disruption of a fundamental democratic process,” he said.

He further criticised the police for making public statements about security threats via social media instead of deploying operational strategies to address potential risks. According to him, intelligence reports should lead to proactive security measures, not serve as a basis for the suspension of elections.

The lawyer urged the people of Osun State to remain steadfast in their commitment to democracy and not be deterred by attempts to discourage voter participation. He encouraged eligible voters to turn out en masse, exercise their civic rights, and resist any intimidation aimed at preventing them from casting their votes.

Olajengbesi also warned security agencies against setting a dangerous precedent that could weaken Nigeria’s democratic institutions.

“The role you play in this electoral process will determine whether democracy is protected or subverted in this country,” he said.

Despite concerns raised by security agencies, the Osun State local government elections are expected to proceed as scheduled.