LG Elections: Osun APC, 19 Disqualified Candidates File Lawsuit Against Gov Adeleke, OSSIEC…Demand N100m Compensation

 Osun State APC and 19 members of the party who had their candidacies nullified by  the Osun State Independent Electoral Commission (OSSIEC) have instituted a lawsuit against the electoral umpire at  the Osun State High Court, Osogbo.

The Claimants in the Suit No. Hos/184/2024 are alleging  legal infractions, challenging the validity and  questioning the propriety  of actions taken by  OSSIEC  ahead of the planned Local Government Elections scheduled  to hold in February 2025. 

The Claimants  have also sought for an Order of the Court directing the Defendants to jointly or severally pay damages in the sum of One Hundred Million Naira Only (#100,000,000.00) in addition to tendering a written apology to them for the public embarrassment, humiliation, disturbance and trauma caused over an attempt by the 1st Defendant to deny them opportunity to fully participate in the 2025 Local Government Elections.

Joined in the suit as co-Defendants are  Governor Ademola Adeleke and the state Attorney General and Commissioner for Justice, Barrister Oluwole Jimi-Bada.

Recall that the OSSIEC Chairman, Barrister Hashim Abioye had in September disqualified some APC  candidates and debarred them from participating in the upcoming  local government elections, a decision opposed by the leadership of the affected party.

In an Originating Summons signed by the Claimants’ Counsel, Muhydeen Adeoye Galadima and made available to Team@orientactualmags.com  the Claimants bemoaned the conduct of the state electoral commission since the commencement of the entire process.

The Claimants asked for court determination on a myriads of legal issues bordering on: ‘whether, having regard to Sections 7, 36, 197, 204(1) 272 and Paragraph 4 (a and b) of Part II of the Third Schedule of the Constitution of the Federal Republic of Nigeria 1999 (as Amended), Sections 2 and 29 of the Osun State Independent Electoral Commission Law, 2022, failure of the Defendants to first cause the constitution or put in place the Local Government and Area Council Elections Tribunal to enable the Claimants ventilate their pre-election grievances against the decision(s) of the 1st Defendant is not a wrongful and unlawful omission such that has rendered the whole activities so far taken by the 1st Defendant from 22nd July, 2024 in connection with the proposed 2025 Local Government Elections premature, illegal, null and void same having occasioned deprivation to the Claimants of the right of access to the prescribed Tribunal over the 1st Defendant’s decisions against the Claimants.

Whether, having regard to Sections 13, 15 and 24(1) of the Osun State Independent Electoral Commission Law, 2022, the 1st Defendant has any power backed by law to amend a Notice of Elections already issued and published on 19th February, 2024 midway into the 2025 Local Government Elections.

Whether, having regard to the provision of Sections 13, 15 and 24(1) of the Osun State Independent Electoral Commission Law, 2022 and the tenor of the Supreme Court’s decision, the 1st Defendant’s Amended Notice of Elections relied upon to deny the Claimants right to participate in the February, 2025 Local Government Council elections is not invalid, null and void same having failed to comply with the stipulated number of days required under the Law’.

The Claimants prayed the court for a declaration that the whole activities so far taken by the 1st Defendant from 22nd of July 2024, are premature, illegal, null and void same having occasioned deprivation to the Claimants of the right of access to the Tribunal over the 1st Defendant’s decisions against the Claimants.

They also sought for a declaration that the 1st Defendant acted ultra vires with respect to its July 2024 decision amending the Notice of 2025 Local Government Elections issued on 19th February, 2024 and therefore the said Amended Notice of Elections is illegal, unlawful, null and void.

The Claimants further prayed court for a declaration that the 1st Defendant’s amended Notice of Elections of the 2025 Local Government Councils is illegal, unlawful, invalid, null and void.

They sought for an Order of the Court directing the Defendants to jointly or severally pay damages in the sum of One Hundred Million Naira Only (#100,000,000.00) to the Claimants in addition to tendering a written apology to the Claimants for the public embarrassment, humiliation, disturbance and trauma caused to the Claimants over an attempt of the 1st Defendant to deprive the Claimants opportunity to fully participate in the 2025 Local Government Elections in Osun State-Team@orientactualmags.com  Do you have any information you wish to share with us? Do you want us to cover your event or programme? Kindly send SMS to 08059100286, 09094171980 or get in touch via orientactualmag@gmail.com.  Thank you