Osun State APC Local Government Chairmen cannot violate the rules of the laws.
By Olumide Felix

The continued occupation of local government secretariats in Osun State by the APC “Yes or No” chairmen has gone beyond a political disagreement and has increasingly become a test of respect for the rule of law.

Comrade James Onifade, an advocate for good governance and judicial reform, argues that the affected chairmen cannot continue to claim authority over the councils if the legal foundation of their tenure has expired.
According to him, remaining physically present at the council secretariats does not automatically restore a mandate that has been brought to an end by law.
He said the reported Federal High Court judgment removing the chairmen from office, which he noted has not been stayed, raises a fundamental question: on what legal basis are they continuing to occupy the councils?
“Public office is not inherited. It is not sustained by party loyalty, political connections, or the ability to occupy an office physically. Its legitimacy comes from the law,” Onifade stated.

He maintained that where the law withdraws the legitimacy of an office holder, continued physical occupation of the office cannot create legality but could instead deepen the controversy.

When Political Protection Disappears

Onifade also drew attention to what he described as the temporary nature of political protection in Nigeria.
He cited a recent development involving the APC deputy governorship candidate, saying it should serve as a lesson to political actors who rely heavily on the support of powerful individuals or party leaders.

According to him, an account from someone close to the candidate suggested that he was encouraged to believe that certain party leaders supported his decision to pursue a tribunal petition. However, when the political circumstances changed, those allegedly backing the move reportedly stepped away, leaving the candidate to face the consequences.

Onifade said the development illustrates the need for public office holders and political actors to distinguish between political support and personal responsibility.
“Never confuse political backing with personal immunity,” he cautioned.
He added that political allies could change positions, but individuals who take decisions in public office would ultimately have to answer for their actions.

The People Are Paying the Price

Onifade further expressed concern about the effect of the prolonged local government crisis on ordinary residents of Osun State.
He noted that local governments are expected to provide grassroots administration and facilitate access to essential services, including primary healthcare, civil registration and community development programmes.
He argued that when council secretariats become centres of political confrontation, effective governance suffers.

According to him, workers, pensioners, businesses and other residents could also be affected by disputes surrounding local government administration, finances and allocations.
He expressed particular concern over reports of violence and insecurity associated with the struggle in some communities, saying that residents should not have to bear the consequences of political disagreements.
“For the average Osun citizen, this is not about which political party wins an argument. It is about whether their local government works,” he said.

Onifade maintained that the people of Osun State deserve functioning local governments, legitimate representation and public officials whose authority is firmly rooted in law.
He said political alliances and party positions would continue to change, but the people would remain the ultimate stakeholders in governance.

He therefore urged the APC “Yes or No” chairmen to consider the legal implications of their continued occupation of the council secretariats, particularly if the court judgment referred to has not been stayed.
“If the legal foundation of their tenure has collapsed and the court judgment remains unstayed, continued occupation cannot transform an expired mandate into a valid one,” he said.

According to him, the central issue should no longer be which side can maintain control of the councils for the longest period, but whether the rule of law and the interests of the people will prevail.
He added that political protection is temporary, while the consequences of decisions taken in public office could endure much longer.

“The local government councils belong to the people of Osun State and must operate within the framework of the law.  politician, regardless of party affiliation or political connection, should be allowed to turn public office into personal property,” Onifade said.
He called for an end to the prolonged occupation of the council secretariats, urging all parties to allow legitimate grassroots governance to resume in the interest of the people.
Signed:

Comrade James Onifade
Advocate for Good Governance and Judicial Reform