...Says, the case is a fruitless voyage
The recent lawsuit against the Osun State Independent Electoral Commission (OSSIEC) and governor Ademola Adeleke of Osun State by the All Progressives Congress (APC) over the forthcoming local government election I the state has been described as a ‘reckless sensation.’
This is contained in a reaction by an Osun based political cum legal analyst, Messer Ajibade Olusegun, who is conversant with all the facts of the issues between OSSIEC and APC.
It should be recalled that the APC had in Suit No. Hos/184/2024 challenged the validity of the planned local government elections scheduled to February 2025 by the OSSIEC, the 1st defendant in the suit following the disqualification of some candidates of the opposition parties, including the APC, from participating in the election.
Joined in the suit as co-defendants are Adeleke and Attorney General and Commissioner for Justice, Barrister Oluwole Jimi-Bada.
While outlining his reaction on the instituted court case with a 16-point thematic analysis back with electoral guidelines and legal references, Ajibade said, some provisions of OSSIEC Law 2022, which the plaintiff premised their case upon, have been altered by the 2024 amendment.
Read the full reaction below ;
“OSUN APC .V. OSSIEC AT A GLANCE”
• The case is a reckless sensation and a fruitless voyage for the APC
• Some Provisions of Ossiec Law 2022, which they premised their case upon, have been altered by the 2024 amendment.
• The Commission is constitutionally and statutorily empowered to issue notice, regulations, guidelines and to do anything towards conducting, organizing and carrying out its mandate, this includes amending the Notice of election that ossiec rightly did, in so far the Notice has not fallen short of the statutory requirements.
• The amendment by ossiec was to remove LCDAs from the elections but to deal with only the 30 constitutionally recognized Local Governemnt Areas in Osun State in line with the Supreme Court decision
• Local Governemnt Elections Tribunal is to be constituted not later than 21 days before the election, according to the provisions of OSSIEC law.
• If, according to the APC, it is the election tribunal that has jurisdiction on the issue of nomination of candidates, what are they doing before the High Court.
• APC submitted a list of candidates in the affected Local Government and Wards, but gave nomination forms to strangers who were not on the list they submitted. It was after the close of nomination and after the report of the Verification Committee that they realized they had run foul of the law which is beyond remedy, because the issue was that of void nomination, not the issue of disqualification.
• The APC then sought to replace candidates they never had till close of nomination, after nomination had already closed, and this is beyond OSSIEC.
• They also wrote to conduct fresh primaries for candidates they already “changed” without any notice of withdrawal or death of any of the candidates they sought to replace, and no affidavit to that effect as mandated by the electoral laws, regulations and guidelines.
• The suit is time-wasting as they joined the Governor and the AG who have no hands in the business, administration, and operations of OSSIEC.
• The suit is also self-defeating as they are claiming before the high court what they are claiming is within the purview of the election tribunal.
• The gimmick is mere face saving for the APC, having already foisted on itself void nomination in the affected local council areas.
• It is also a gimmick by the APC to placate or deceive their aggrieved members who were affected by the void nomination so as to give false hope.
• There is no injunction against OSSIEC from going ahead with the election.
• The APC are enemies of Osun people. They want Osun local government allocations to stop so as to inflict suffering on the masses, that is why they are claiming that instead of amending the Notice of elections, the count of 360 days should start afresh.
• The suit is useless, baseless and face saving as the APC lawyers are merely on a voyage of exaggeration, impressionism and sensationalism” Mr Ajibade Olusegun emphasized in his reaction to the lawsuit filed by APC and its disqualified candidates.
Also speaking on the efficacy of the lawsuit, a public analyst, Mr Ibrahim said, “One, the number of parties to participate in the LG election is 18, and so, it does not make sense that 20 parties are challenging the process. It simply means APC is lying, and this is why it could not mention just one party aside it that is in court.
“Also, the court, particularly the Supreme Court, had in several judgments affirmed the power of the electoral body to regulate election details such as date and order of the election and the procedures to follow. For reference purpose, the Supreme Court judgement in *PDP V. SYLVA (2012) 13 NWLR (PT 1316) 85* readily comes to mind as apex court “INEC (electoral body) has the sole responsibility to fix dates for election and to my mind, if INEC fixes a date for elections and whatever reason, be it logistic, I do not think anyone has a cause of action against INEC for canceling an election (not held) and rescheduling elections for another day.”
Giving his reaction further, he gives another legal precedence, in *NDP V INEC (2013) 20 WRN 1 at 45* the Supreme Court (per Ariwoola J.S.C.) held that “It is not in doubt that the Independent National Electoral Commission (INEC) that is, the respondent, has the sole responsibility to decide when elections are to hold. See Peoples Democratic Party v Timipre Sylva & Ors (2012) 13 NWLR (Pt 1316) 85 at 122. The respondent also reserves the prerogative to decide what Timetable of Activities to publish for a General Election.”
It is, therefore, a wild goose chase on the part of the Osun APC, and instead of finding an excuse for not participating in the election, it should tell its members the truth.”
