A legal practitioner, Pelumi Olajengbesi, has declared that the scheduled Local Government elections in Osun State on February 22, 2025, are a constitutional mandate that no institution, agency, or authority can stop.
He stated that not even the Governor of Osun State or the President of Nigeria has the power to halt the electoral process.
According to Olajengbesi, no Nigerian court has the jurisdiction to suspend a constitutionally mandated election, as such a ruling would be a direct affront to the supremacy of the Constitution. “It is an impossibility in law,” he asserted.
Citing the 1999 Constitution of the Federal Republic of Nigeria (as amended), he emphasized that Section 7(1) guarantees the existence of democratically elected Local Government Councils, ensuring that governance at the grassroots level is determined by the will of the people.
He also referenced Section 197(1)(b), which vests exclusive authority in the State Independent Electoral Commissions (SIECs) to conduct local government elections, while Sections 4(6) and (7) empower the State House of Assembly to legislate on local government matters, including election processes.
Olajengbesi stressed that the Osun State Independent Electoral Commission (OSSIEC) has complied with all constitutional provisions in organizing the election and that no competent court has issued an order restraining the process. “Even if a court attempted to stop this election, it would be procedurally and legally flawed,” he added.
Condemning the Nigeria Police Force’s recent public statement advising against the election due to security concerns, Olajengbesi described it as a “gross procedural flaw” and an overreach of their constitutional powers.
He maintained that security agencies are not empowered to decide whether an election should hold or not, stating, “Their duty is clear: to protect lives and property, ensure public order, and provide security for democratic processes—not to undermine them.”
He further criticized the police for issuing security intelligence reports on social media rather than focusing on maintaining law and order. “A credible intelligence report should lead to strategic action, not to the abandonment of a fundamental democratic process,” he said.
Olajengbesi urged the people of Osun State to remain steadfast in their commitment to democracy by turning out in large numbers to vote peacefully while resisting any attempt to intimidate or discourage them.
He also called on security agencies to act responsibly, warning that their handling of the situation would set a precedent for either the protection or subversion of democracy in Nigeria.
“Democracy must prevail,” he concluded.
