An Ogun State High Court, sitting at Kobape in Abeokuta has fixed November 8, 2024 to hear the suit challenging the Ogun State Electoral Commission (OGSIEC) on the November 16,2024 local government elections.
The National Rescue Movement (NRM) has approached the court to challenge the imposition of payment N250,000, N150,000 and N100,000 respectively as administrative fee by OGSIEC.
The party in the originating summon suit no: AB/741/2024, prayed the court to declare as illegal, unconstitutional, null and void imposition of the administrative fee by OGSIEC.
The party equally urged the court to order OGSIEC o postpone the local government elections purportedly slated for November 16, 2024 to allow political parties have enough time for campaign and preparations.
Represented by Barr. Adekola Adedeji, the party further prayed the court to R
restrain OGSIEC from conducting the November 16 local government elections in Ogun state.
Barr. Adedeji said that, the suit was to determine whether OGSIEC can unilaterally impose time table and conduct of the local government elections without due notice and consultation with other political parties.
Barr. Adedeji argued that, the electoral umpire has violated sections 7(1)(4), 106, 107 and 197(b) of the Nigerian constitution, 1999 as amended, sections 10 and 14 (1) of the Ogun state electoral law 2007, section 3, 18(1) Ogun state Electoral Commission law, 2006 ans paragraph 4(c) OGSIEC guidelines for local government elections, Ogun State.
He said, “for the interpretation of Sections 7(1)(4),106;107, and 197(b) of theNigeria Constitution, 1999, as amended, Sections 10 and 14 (1) of Ogun State Electoral Law 2007, Sections 3,18 (1) Ogun State Independent Electoral Commission Law, 2006 and Paragraph 4(c) OGSIEC Guidelines For Local Government Elections, Ogun State, and to determine the following questions:
“Whether 1st Defendant can impose unilaterally on the claimant the time table and date the conduct of local government elections purportedly slated for 16th November, 2024 in Ogun State without due notice and consultation meetings with all the political parties duly registered and stakeholders for the said election.
“Whether the 1st Defendant is bound by the provision of sections 7(1)(4), 106, and 107 of the 1999 constitution (as amended), the Ogun state electoral law, 2007 and Ogun State independent Electoral Commission Law, 2006.
“Whether the Imposition by the 1st Defendant of the requirement for the payment by candidates of political parties in Ogun State of the sum of N250,000, N150,000 and N100,000 respectively, before they can be allowed to contest and be eligible for 16th November, 2024, Ogun State Local Government Elections, does not violate the eligibility rights of the Candidates under the 1999 Constitution (as amended) and is notcompletely inconsistent with the provisions of the Nigerian Constitution, Ogun State Electoral Law, 2007, illegal, null and void.
“Whether the 1st defendant, Ogun State Independent ElectoralCommission (OGSIEC) can by its “Local Government Electoral Guidelines” dated 8th August, 2024 by Babatunde A. Osibodu Esq, Chairman OGSIEC enlarge, curtail or amend the provision stipulated in Sections 7(4), 106 and 107 of the 1999 Constitution (as amended) for the eligibility, qualifications and disqualifications of person contesting the Local Government Elections in Ogun State slated for 16th November, 2024.
“WHEREFORE, the Claimant seeks the following reliefs:
“A DECLARATION that the imposition of the payment of the sum of N250,000; N150,000 and N100,000 respectively, by the Defendants on the Claimant’s candidates contesting for the position of the Chairmen and Councillors is illegal, unconstitutional and be declared null and void.
“AN ORDER Of this Honorable Court for an Injunction restraining the 1st Defendant from holding and conducting the Ogun State Local Government Council Elections on the 16th of November, 2024 on the basis of Electoral guidelines dated 8th August, 2024 and signed by Babatunde A. Osibodu Esq, Chairman of the Ogun State Independent Electoral Commission and setting aside the Election Timetable for the said Local Government Council Election.
“AN ORDER of this Honorable Court setting aside the payment of the sumof N250,000; N150,000 and N100,000 impose by the 1st defendant on the Claimant and their candidates contesting at the Ogun State Local Government Council Elections scheduled for the 16th November, 2024.
“AN ORDER of this Honourable Court mandating and directing the 1st Defendant to postpone the Ogun State Local Government Election from the 16th of November, 2024 to a further date to be agreed upon after due and proper consultation with all political parties and stakeholders in the electoral process.”
In his ruling, Justice S.O Adeniyi said the case is a pre-election matter which must be heard urgently.
He, therefore, granted the defendant three days to file their defense to the suit.
The matter is adjourned to November 8, 2024 for further hearing.
