By Jude-Ken Ojinnaka
Justice Chukwujekwu Aneke of a Federal High Court sitting in Lagos on Wednesday fixed Friday, February 24 as the tentative date for judgement on the suit filed by Labour Party and Five others asking the court to stop the Independent National Electoral Commission (INEC) from using Musiliu Akinsanya popularly known as MC Oluomo, his agents and drivers to distribute 2023 election materials in Lagos State.
Recall that consequent upon the motion on notice, filed and argued by Labour Party and others last Monday, Justice Aneke had barred the Independent National Electoral Commission (INEC) from using Alhaji Musiliu Akinsanya popularly known as MC Oluomo or any of his agents, or drivers for the distribution of INEC materials in Lagos State pending the hearing of the substantive suit scheduled for Wednesday, February 22.
When the matter came up for hearing on Wednesday, Abbas Arisekola Ibrahim announced an appearance with Muiz Olabode Shodunke for the plaintiffs.
There was no legal representation for INEC.
When asked if a hearing notice was served on INEC, Abass Ibrahim answered in the affirmative.
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“Hearing notice was served on INEC on Monday,” Abass Ibrahim said.
He stated that the matter was slated for hearing, adding that he was ready to proceed in the hearing of the Originating Summons.
He proceeded by submitting that their originating summons dated 13th February and filed 16th February, 2023, brought pursuant to Section 6(6) of the Constitution of the Federal Republic of Nigeria (as amended) and Section 26, 27(1) and 2 of the Electoral Act 2022 and under the inherent jurisdiction of the court.
It has three issues for determination, 26 paragraphs Affidavit in support deposed to by Abass Ibrahim, Eight exhibits attached and a written address in support of the Affidavit.
The plaintiffs adopt same as their argument in support of their application and urged the court to grant their prayers.
After hearing the originating summons as argued by plaintiff’s counsel, the judge said that he needs time to deliver the judgement, adding that he will discuss with his superiors. He fixed Friday February 24 as the tentative date for his ruling, adding that the counsel/plaintiffs will be communicated before that day.
“I will discuss with my superiors and tentatively give my ruling on Friday,” the Judge said.
Plaintiffs/applicants to Suit No FHC/L/CS/271/2023 are Labour Party; Gbadebo Rhodes-Vivour (the Labour Party gubernatorial candidate for Lagos State); the African Democratic Congress (ADC), Funsho Doherty; the Boot Party and Wale Olumo while the Independent National Electoral Commission (INEC) is the only defendant/ respondent.
In the motion dated February 13, 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 Originating Summons 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, there is merit and the reliefs are hereby granted.
The matter was adjourned to Wednesday February 22 (today)for hearing of the substantive suit and hearing notice to be served on the respondent immediately
