When Mike Ozekhome, Senior Advocate of Nigeria (SAN) and noted constitutional lawyer, issued a stark warning on Thursday, 3 October 2025, he called for fresh elections to settle the combustible local‑government standoff in Osun State. In a statement released from Abuja, Ozekhome condemned a forceful raid on a council headquarters, saying the actors behaved like “brigands” and that the chaos must end before “needless orchestrated violence” erupts.
Background of the Osun Local‑Government Dispute
The drama dates back to the 2022 local‑government elections run by the Osun State Independent Electoral Commission (OSIEC). Those polls were contested heavily, and the ruling All Progressives Congress (APC) argued the results were invalid. In February 2025, a fresh slate of Peoples Democratic Party (PDP) chairmen and councillors were sworn in after a court‑ordered rerun.
Two subsequent judgments – one in March 2025 and another in June 2025 – nullified the earlier APC officials’ tenure and affirmed the PDP victories. Yet the Court of Appeal, sitting on 12 April 2025, merely struck out the PDP’s original case without directly addressing the legitimacy of the 2022 OSIEC election. That nuance has become the tinder for the present unrest.
Ozekhome’s Legal Assessment and Call for Fresh Balloting
"I watched with dismay and disgust as certain LG officials forcefully barged into the LG headquarters," Ozekhome told Channels Television, his voice steady but edged with frustration. "They acted under the false belief that the Court of Appeal judgment reinstated them. That was nothing short of brigandage."
He reiterated that the appellate court never validated the 2022 election; it simply struck out the PDP’s suit, leaving the election’s legal status in limbo. "The only way out is a clean, credible poll," Ozekhome added. "Anything less just invites self‑help and violence."
Ozekhome also called out the Attorney General of the Federation (AGF), urging the chief law officer to rise above partisan pressure. "If the AGF gave the President the right advice and the President refused, resignation is the only honourable route," he said.
- April 12, 2025 – Court of Appeal strikes out PDP case.
- February 2025 – PDP officials sworn in.
- June 2025 – Judgment nullifies APC incumbents.
- October 3, 2025 – Ozekhome’s statement released.
Responses from Political Parties and the Federal Government
The APC in Osun swiftly countered, announcing that the federal government had released six months’ worth of previously withheld statutory allocations to the APC‑controlled councils. The move, confirmed on Sunday, 2 October 2025, was framed as a relief for local‑government operations, but critics say it fuels the perception of partisan favoritism.
Meanwhile, a fellow human‑rights lawyer, Jiti Ogunye, warned that courts are ill‑suited to settle what is essentially a political dispute. "Parties will keep litigating as long as they have money and vested interests," Ogunye told Channels Television’s The Morning Brief on Tuesday, 1 October 2025.
President Bola Tinubu, who once challenged the federal government over local‑government funds while governor of Lagos State, is now being asked to intervene. Tinubu’s 2022 Supreme Court victory set a precedent that the federal government cannot withhold earmarked allocations, a point Ozekhome referenced to underline the legal expectations for Osun.
Constitutional and Governance Implications
The standoff highlights a deeper dilemma: the tension between state autonomy and federal oversight under Nigeria’s constitution. Ozekhome invoked the doctrine of "covering the field," which renders any state law inconsistent with federal statutes null and void. In practice, this means the OSIEC’s 2022 regulations cannot override the federal allocation rules.
Beyond the technicalities, Ozekhome warned that piecemeal constitutional amendments – "one million amendments cannot cure the Constitution’s original sin of being a military position not subjected to referendum" – will not solve the crisis. He urged Nigeria to lead Africa not just in size but in decisive action, recalling the continent’s history of exploitation during the Berlin Conference of 1884‑1885 and praising the 2018 African Continental Free Trade Area as a positive step.
What Comes Next? Prospects for a Resolution
Fresh elections, if conducted transparently, could finally close the chapter. Ozekhome suggested a timeline: a new electoral roll by early November 2025, voting in December, and results certified by January 2026. He also called for an independent monitoring body, perhaps drawn from the Economic and Financial Crimes Commission (EFCC), to oversee the process.
Should the federal government continue to withhold funds, Ozekhome warned of legal challenges that could reach the Supreme Court, echoing the Lagos precedent. In the meantime, community leaders in Osun’s major towns – Ife, Oshogbo, and Osogbo – remain on edge, fearing that any misstep could spiral into further violence.
At the end of the day, the crisis is a litmus test for Nigeria’s democratic maturity. Will the nation choose the rule of law and fair competition, or let partisan skirmishes dictate the fate of its local communities? The answer will shape not just Osun, but the country’s confidence in its constitutional framework.
Frequently Asked Questions
Why does Mike Ozekhome believe fresh elections are the only solution?
Ozekhome argues the Court of Appeal never affirmed the 2022 OSIEC election, leaving its validity unresolved. A new, transparent ballot would close the legal loophole, stop self‑help actions, and restore public confidence.
What impact does the withheld federal allocation have on Osun LGs?
The six‑month allocation, worth roughly ₦5 billion, funds salaries, infrastructure projects, and basic services. Its delay cripples council operations, fuels frustration among staff, and heightens political tension.
How did the Supreme Court rule in President Tinubu’s earlier fund dispute?
In 2022, the Court held that the federal government cannot withhold statutory allocations from state‑run local governments, reinforcing the principle of fiscal autonomy for the states.
What legal doctrine did Ozekhome reference, and why does it matter?
He cited the "covering the field" doctrine, which says any state law conflicting with federal law is void. It matters because the OSIEC’s 2022 regulations clash with the federal fiscal rules, rendering them ineffective.
What are the next steps if fresh elections are not held?
Ozekhome warns that continued impasse could lead to renewed court battles, possible Supreme Court intervention, and a heightened risk of violence as frustrated groups resort to self‑help tactics.
Chance Remien
October 6, 2025 AT 01:56Mike Ozekhome's call for fresh elections in Osun is a sober reminder that legitimacy cannot be improvised. The constitutional framework makes it clear that any local‑government body must derive its authority from a process that withstands judicial scrutiny. When the Court of Appeal merely struck out the PDP's suit without affirming the 2022 election, it left a vacuum that political actors are now trying to fill with force. This vacuum is precisely what breeds the brigandage Ozekhome described, because without a clear legal mandate, power becomes a prize to be seized. A fresh, transparent ballot would close that legal loophole and restore public confidence. Moreover, an independent monitoring body, perhaps drawn from the EFCC, would add a layer of credibility that is currently missing. The federal allocation of six months' funds, while helpful, does not address the root cause – an unresolved electoral dispute. History shows that when contested results are allowed to linger, the risk of self‑help and violence escalates. The doctrine of covering the field, cited by Ozekhome, underscores that state regulations conflicting with federal law are void, reinforcing the need for a federal‑backed electoral solution. Fresh elections would also align with the Supreme Court precedent set in 2022, ensuring fiscal autonomy is respected. By scheduling an electoral roll in early November, voting in December, and certification by January, stakeholders can have a clear timeline to work toward. The involvement of civil society and local leaders from Ife, Oshogbo, and Osogbo will be essential to maintain peace during the transition. Ultimately, the crisis is a litmus test for Nigeria's democratic maturity, demanding that rule of law triumph over partisan squabbles. If the federal government insists on withholding funds, legal challenges will only prolong the uncertainty. Therefore, the most constructive path forward lies in a credible, inclusive election that reflects the will of Osun's citizens.
Anna Lee
October 6, 2025 AT 02:06Wow, what a mess-Osun really needs a fresh start, and Ozekhome is spot on! The people deserve a clear, fair vote, no more back‑room deals.; It's heart‑warming to see legal minds step up, urging calm and order. Let’s hope the authorities listen, because stability benefits everyone!!!
Daniel Craine
October 6, 2025 AT 02:16Another political drama, same old story. They keep promising elections but forget to deliver.
Kristen VanPamel
October 6, 2025 AT 02:26Legitimacy is a mirror; when clouded, the reflection breaks.
Kasey DellaPenna
October 6, 2025 AT 03:20Fresh elections could bring the community together and finally end the deadlock it's high time we see a fair process in place.
Gayleen Lowrie
October 6, 2025 AT 03:30The root of the problem seems to be the lack of a decisive legal ruling, so setting up an independent monitoring team could really help keep the process transparent and build trust among the locals.
Wesley Nakamatsu
October 6, 2025 AT 03:40The call for renewed elections reflects a profound respect for constitutional order, an imperative that must not be eclipsed by partisan expediency.
Tyler Tucker
October 6, 2025 AT 03:50Enough with the talk, either hold the vote or watch the chaos reign.
julia mutambara
October 6, 2025 AT 04:50The situation in Osun, while undeniably tense, also presents a unique opportunity for collective growth and renewed civic engagement. When communities witness a transparent electoral process, they internalize the value of participation and the power of their voice. This can ripple outward, encouraging citizens in neighboring LGAs to demand similar standards, thereby raising the overall quality of governance. Moreover, the involvement of an impartial monitoring body can serve as a catalyst for trust, not just in political actors but also in the institutions that safeguard democracy. By embracing accountability, local leaders can demonstrate a commitment to the public good that transcends party lines. This, in turn, could inspire a new generation of young Nigerians to become actively involved in politics, seeing it as a venue for positive change rather than a battlefield. Over time, such a cultural shift could diminish the allure of self‑help tactics, replacing them with dialogue and lawful protest. The federal government's role is also pivotal; by allocating resources fairly and promptly, it can reinforce the notion that the state respects the autonomy of local administrations. Ultimately, fresh elections under these conditions could set a precedent, showing the nation that even deep-seated disputes can be resolved through patience, transparency, and mutual respect. Let us hope that all stakeholders seize this moment to rebuild, rather than to entrench old animosities.
Nelleke Elston
October 6, 2025 AT 05:00Honestly, I think the whole push for fresh elections is just a smokescreen; the real issue is power play, and no ballot will change the underlying greed.
Liz Lessner
October 6, 2025 AT 05:10Its really important that folks keep supporting each other during this time, even if the news feels overwhelming, we can all do our part.
Reid Vance
October 6, 2025 AT 06:06According to the 2018 African Continental Free Trade Area agreement, stable local governance is essential for regional trade, so resolving the Osun crisis promptly not only benefits Nigeria but also reinforces broader economic integration.
Javier cox
October 6, 2025 AT 06:16It would be great if the election process could also showcase the rich cultural heritage of Osun, letting the people celebrate their identity while voting.
Giacinta Pace
October 6, 2025 AT 06:26Fresh elections will bring hope and peace to Osun.