…Comrade James Onifade Tells Osun APC “Yes or No” Chairmen
The legal dispute involving _Osun APC “Yes Or No”_ chairmen and councilors must be resolved by law, not politics. The Federal High Court, Osogbo, issued a declaratory judgment on their tenure. Understanding that judgment and the punishment for disobedience is critical.
1. Nature Of The Judgment
Nigerian law recognizes two main types of judgments:
Executory: Orders a party to act. Can be stayed pending appeal.
Declaratory: States legal status only. Cannot be stayed. It takes effect immediately.
The Federal High Court declared the legal status of APC chairmen regarding continued occupation of local government offices. That is a declaratory judgment. No order for stay exists.
2. Constitutional Duty To Obey
Section 287(1) Of The 1999 Constitution mandates: “The decisions of the Federal High Court… shall be enforced in any part of the Federation by all authorities and persons…”
This is a constitutional duty, not an option. An appeal does not suspend a declaratory judgment. The rule is simple: comply first, appeal later.
3. Punishment For Disobedience: Contempt Of Court
Refusal to obey a court judgment, including a declaratory one, amounts to contempt of court and is punishable under Nigerian law.
Legal Basis:
1. Section 287(3), 1999 Constitution: Empowers the National Assembly and State Houses Of Assembly to make laws for enforcement of court decisions.
2. Order IX Rule 13, Sheriffs And Civil Process Act, Cap S6 LFN 2004: A court may commit to prison any person who disobeys its order, through arrest, fine, or imprisonment until compliance.
3. Section 133, Criminal Code Act: “Any person who knowingly disobeys any lawful order of a court… is guilty of a misdemeanor and is liable to imprisonment for two years.”
4. The Way Forward
Since the judgment declares your legal status, the proper step is to vacate office immediately. If dissatisfied, file an appeal at the Court Of Appeal. However, an appeal cannot justify continued occupation contrary to a subsisting judicial declaration.
There is no record in Nigerian legal history of a local government chairman lawfully remaining in office beyond tenure after a declaratory judgment, then seeking a stay of execution. The law does not permit it.
Conclusion
Section 287 of the Constitution commands obedience to court decisions. Section 133 of the Criminal Code, plus contempt laws, punish disobedience with arrest, fine, or imprisonment. Respect for courts is the foundation of democracy. Compliance first, appeal after.
Signed:
Comrade James Onifade
Advocate For Good Governance And Judicial Reform
