By Jude-Ken Ojinnaka
Justice Chukwujekwu Aneke of the Federal High Court, Lagos, has granted the prayer of the Labour Party barring the Independent National Electoral Commission (INEC) from using the chairman of the Lagos Parks and Garages, Musliu Akinsanya, better known as MC Oluomo or any of his agents, or drivers for the distribution of INEC materials in the state.
The order restraining INEC was granted by Court following the Motion on Notice brought by the Labour Party and Five other plaintiffs/ applicants asking the court to restrain INEC from using Alhaji Musiliu Akinsanya for the distribution of INEC materials in Lagos State.
Other plaintiffs/applicants to the Suit No FHC/L/CS/271/2023 are Gbadebo Rhodes-Vivour (the Labour Party gubernatorial candidate for Lagos State); African Democratic Congress (ADC), Funsho Doherty; Boot Party and Wale Olumo while the Independent National Electoral Commission (INEC) is the defendant/ respondent.
In the motion dated February 15, 2023, signed and filed by plaintiffs’ counsel, Abbas Arisekola Ibrahim, the plaintiffs /applicants prayed for “An order of interlocutory injunction restraining the Independent National Electoral Commission, whether by itself or by its officers, affiliates, servants, privies or agents or any person acting or purporting to act for and on its behalf howsoever from taking any steps or further steps whatsoever in furtherance of the engagement or appointment or consummating the appointment of Musiliu Akinsanya popularly known as MC Oluomo – led Lagos State Parks Management Committee or any of its commercial bus drivers to distribute 2023 election materials and personnel in Lagos State pending the hearing and determination of the substantive suit.”
“An order abridging time within which the defendant to file its counter affidavit to the substantive originating summons”
And for such other order/ orders as the honourable court may deem fit to make in the circumstances.
The grounds for the application by the applicants are: the legal rights of the plaintiffs/ applicants to free and fair election in Lagos State is severely threatened; Damages would not be an adequate remedy; the balance of convenience is in favour of the plaintiffs/ applicants; And it is in interest of justice to restrain the defendant from taking any steps or further steps that may foist a fait acompli on this honourable court in respect of the substantive suit.
The motion is supported by 26-paragraphs affidavit and Eight exhibits attached.
Other reliefs sought by the plaintiffs/ applicants in the substantive suit are:
“A declaration that the appointment, partnership or contracting of Musiliu Akinsanya popularly known as MC Oluomo,- led Lagos State Parks Management Committee by INEC to distribute 2023 election materials and personnel in Lagos State violets Section 26 and 27 of the Electoral Act 2022 and consequently unlawful, null and void.
“A declaration that the appointment, partnership or contracting of Musiliu Akinsanya popularly known as MC Oluomo- led Lagos State Parks Management Committee, established by Governor Babajide Sanwo Olu, the APC gubernatorial candidate in Lagos State and any of its members and/or drivers by INEC to distribute election materials and personnels in Lagos State will give room for election sabotage, manipulation, and rigging in favour of APC and consequently unlawful and illegal.
” A declaration that the appointment, partnership or contracting of Musiliu Akinsanya popularly known as MC Oluomo-led Lagos State Parks Management Committee or any of its members and/or drivers by INEC to distribute 2023 election materials and personnels in Lagos State is unlawful, wrongful, unjust and/or unreasonable and should be immediately stopped.
“An order setting aside any partnership, undertaking, contract and /or MoU of any form or nature executed by Musiliu Akinsanya popularly known as MC Oluomo, the Lagos State Parks Management Committee or any of its members and/or drivers with INEC to distribute election materials and personnels in Lagos State.
“An order of perpetual injunction restraining INEC and/ or their privies or any persons acting under their directions from contracting, partnering or appointing Musiliu Akinsanya popularly known as MC Oluomo, Lagos State Parks Management Committee or any of its members and/or drivers to distribute 2023 election materials and personnels in Lagos State.
Abass Arisekola Ibrahim announced appearance with Muiz Olabode Shodunke for the plaintiffs/applicants while INEC was not represented.
After hearing the motion moved by the plaintiffs counsel and going through the affidavit in support and exhibits attached, Justice Aneke held that there is merit in the reliefs sought and therefore granted the prayers.
“Having gone through the paragraphs in the affidavit, their is merit and the reliefs are hereby granted.
“The matter is adjourned to February 22 for hearing of the substantive suit and hearing notice to be served on the respondent immediately”