The Court of Appeal sitting in Akure has struck out a request by the All Progressives Congress (APC) to relist its appeal against the 2022 Federal High Court judgment that nullified local government elections held in Osun State.
In a unanimous decision delivered virtually on Friday and read by Justice Peter Obiorah, the court declared that the appeal lacked merit, emphasising that APC’s failure to act promptly on its legal rights amounted to a self-inflicted injury.
“It is a case of volenti non fit injuria—they cannot complain of harm they brought upon themselves. Equity aids the vigilant, not the indolent,” the court ruled.
The panel questioned why only one of the three appellants was seeking to relist the appeal through a joint notice, noting that even if this were permissible, no credible reason was presented for the delay in transmitting court records.
“If the APC was truly sincere, considering the number of candidates affected, why did they abandon the case for two years?” the court asked.
Justice Obiorah pointed out that the APC had pursued a similar appeal based on the same facts and before the same judge, Justice Ayo Emmanuel, yet failed to prosecute the case diligently. The panel rejected the party’s attempt to revive the dismissed appeal, warning that granting such a request would only create confusion.
“The application lacks merit and is hereby dismissed,” the court concluded.
The legal tussle stems from the twilight days of the Gboyega Oyetola administration, which conducted the controversial local government elections in October 2022. The polls, conducted with a “Yes/No” voting system, saw APC candidates declared winners across the state.
However, a Federal High Court sitting in Osogbo nullified the elections in November 2022, sacking all elected chairmen and councillors.
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