The presiding judge of the Federal High Court sitting in Lagos, has fixed a date for judgment in the suit seeking to stop the independent National Electoral Commission (INEC) from using, engaging or further dealing with the Chairman of the Lagos Parks and Garages Management Committee, Musliu Akinsanya, popularly known as MC Oluomo or any of his representatives in the distribution of election materials and adhoc staff for the forthcoming polls in the State.
Justice Chukwujekwu Aneke fixed Friday, 24 February, 2023 – a day to the presidential election – after listening to counsel to the applicants, Abass Ibrahim.
The applicants in the suit are: Labour Party, and its governorship candidate in the state, Gbadebo Rhodes-Vivour, African Democratic Congress and its candidate Funsho Doherty and the Boot Party, and it’s candidate Wale Oluwo.
On Monday, 20 February, the court had granted an interlocutory injunction restraining INEC from engaging the Oluomo led-park managers, or any of its commercial bus drivers, to distribute election materials and personnel for the 2023 polls in Lagos State.
While adjourning the substantive suit till Wednesday, 22 February, the judge ordered the applicants to serve the restraining order and other processes in the suit on INEC who is the only defendant in the case.
At the resumed hearing of the matter today, counsel to the applicants, Abass Ibrahim, told the court that he had fully complied with the court orders, by serving all processes and the hearing notice on the INEC, but he was surprised that the respondent failed to appear in court.
The counsel then asked the court to allow him move his clients’ application, a request which was granted by the court.
In moving the originating motion, the counsel told the court that the motion dated February 13 but filed on 16 February, 2023, was brought pursuant to section 6 of the 1999 Constitution as amended, sections 26 and 27(1)(2) of the Electorial Act, 2022 and under the court’s inherent jurisdiction.
He also told the court that the motion is supported with a 27-paragraph affidavit, written address and exhibits.
The reliefs sought for in the originating motion 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 personnels in Lagos State violates 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 the APC and consequently unlawful and illegal.
“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 ifs 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 of 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.”
After moving the application, he urged the court to grant reliefs sought. Justice Aneke subsequently adjourned till Friday, for judgment.
