Wole Oke And His Show of Ignorance

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By Sarafa Ibrahim

I have just read an opinion credited to the lawmaker representing Obokun/Oriade Federal Constituency, Mr. Oluwole Oke on the local governments imbroglio in Osun state and I could deduced what has been wrong with Nigeria if it is people with his thinking that make laws for the country. I say this because the view he advanced didn’t only foul logic but a brutal attack on the truth, which is clearly at variance with the appellation of ‘Honourable’ that usually prefix the name of people in his line of job.

To start with, it is a clear misunderstanding on the part of Wole Oke to suggest that the Federal High Court lacks jurisdiction on local governments election matter. As a lawmaker who is nearly twenty years in the green chamber, I expect Wole Oke to know better on what confers jurisdiction on court but it appeared that he did not fail in attracting dividends of democracy for constituents but also lacks the idea of the very job of legislation his position thrust on him.

The debate on whether the Federal High Court has jurisdiction of local governments election matter was laid to rest by the Supreme Court in suit no: SC/CV/1105/2024. In the lead judgement read by Justice Jamilu Tukur Yammama, JSC, the apex court firmly held that the Federal High Court is the appropriate forum to explore when the principal issues in a suit revolves around the administrative action of an agency of the Federal Government.

For the purpose of emphasis, Justice Jamilu noted that “I do not share the views of the learned Justices of the Lower Court (Court of Appeal) that the reference made in the said paragraph to the conduct of the Local Government Election in Rivers State by themselves connotes that the principal issues in controversy between the parties is the conduct of Local Government Elections in Rivers State. A holistic consideration of the affidavit in support of the Originating summons clearly show the major grievances of the Appellants herein as Plaintiffs at the Trial Court revolves around the 2nd Respondent’s (INEC) mandate in respect of its constitutional and statutory powers in managing the voters register and updating same for the purpose of elections covered under the Act, which by provisions of Section 150(1) of the Electoral Act cover both the Area Councils under the FCT and Local Governments in the State.”

The above reasoning of the Supreme Court clearly punctured the misrepresentation of Wole Oke. As against the deliberate falsehood peddled by Wole Oke in his opinion, the Peoples Democratic Party (PDP) and the Action Peoples Party (APP) suit didn’t contest the local governments election in Osun state, but rather contested the breach of several sections of the Electoral Act, 2022, which led the court to the decision of invalidating the election in separate judgements.

It is therefore, hollow, to say the least, for a ranking lawmaker to choose to misled the public on what is very clear. Not even politics, which is apparently the basis of the lawmaker’s perverse views, can answer for Wole Oke’s irresponsible conduct in the face of facts, particularly his desperation to conceal valid and subsisting judgements of the Federal High and Court of Appeal in the suit filed by the APP that nullified the October 15, 2022, local governments election in Osun state.

On November 30, 2022, Justice Nathaniel Ayo-Emmanuel delivered judgement in the suit FHC/OS/103/2022 filed by the APP to challenge the breach of Sections 28, 29, 30, 32 and 150 of the Electoral Act, 2022, and held that the election is invalid and sacked beneficiaries. Appeal was entered on the matter and on January 13, 2025, the Court of Appeal sitting in Akure, dismissed the appeal for want of diligent prosecution and left the High Court judgement unimpeached. The APC filed a motion to relist the dismissed appeal and on June 13, 2025, the Court of Appeal dismissed the application and the clear implication is that the November 30, 2022 decision of the Federal High Court is valid and subsisting. No appeal has been entered against the decision at the Supreme Court till this moment.

It was on the basis of the subsisting judgement that the High Court sitting in Ilesa on February 21, 2025, held that there was vacancies in the local governments in Osun State and ordered the Osun State Independent Electoral Commission (OSSIEC) to conduct election to fill them. So, it amount to nothing but fallacy for Wole Oke to suggest that the opinion of the Attorney-General of the Federation (AGF), who has obviously taken side, outweigh the judicial pronouncement.

In NGERE & ANOR v. OKURUKET & ORS (2014), the Supreme Court held that “… The judgement of a Court of competent jurisdiction subsists until upset on appeal. While the judgement subsists, every person affected by it or against whom an order is made must obey it even if it appears wrong. Judgement take effect immediately they are delivered and every Court’s has inherent power to enforce judgements at once. The enforcements on delivery can only be interrupted by a stay of execution provided there is an appeal.” There is nothing on the face of record to show that the decision of the court has been appealed, rather, the APC choose to go to the NJC to intimidate the judge for simply giving effect to a valid and subsisting judgement of a competent court of jurisdiction in line with the provision of Section 287(2) and (3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

It is quite disappointing that a lawmaker in the standing of Wole Oke did not even understand the context of the law that the House he was a part of passed, because his opinion was not only absurd but against the clear position of the law. Perhaps, Wole Oke should avail himself the Electoral Act, 2022, and avail himself the provisions as it affects local governments election so as to avoid the embarrassing views he’s holding on the Osun state needless controversy. While there is nothing wrong with politicians playing politics, but it is quite absurd for a lawmaker to exhibit clear ignorance of the same law he was involved in its passage. Or, Wole Oke was absent when the Electoral Act, 2022 was passed and failed to acquaint himself with its provisions, hence, the wrong opinion he is fond of advancing on the Osun State local governments matter?

In fact, it is a big affront on the judiciary for Wole Oke to suggest that the one-sided opinion of the AGF, which willfully ignored the judgement in the APP suit, should carry more legal effect than the judgement of a court of competent jurisdiction. Wole Oke should know that power is transient and that no matter how hard he tries to justify the impunity in Osun state, the truth will eventually catch up with him– if not today but in the future.

What is happening in Osun state is unprecedented and will definitely not escape the attention of history. In the face of law and reality, the APC has no legal claims to the councils in Osun state but are riding on the manipulation of federal institutions to impose themselves on the people. What they however missed is that, abusing power does no one any favour, because it disturbs the balance for a better society. Osun will prevail in the end.

Wole should always take his time to gather facts before rushing to media to impress Oyetola because he desperately wanted to get rep ticket as against the wishes of the people of Obokun/Oriade Federal Constituency.

• Sarafa Ibrahim writes from Osogbo, Osun state