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The Lagos Division of the Federal High Court has tentatively reserved judgement until Friday, February 24, in a suit seeking to disqualify Musiliu Akinsanya (a.k.a. MC Oluomo) from distributing 2023 general elections materials in the state.
Justice Chukwujekwu Aneke had on February 20 granted an interim order preventing MC Oluomo or any of his agents from distributing election materials or Independent National Electoral Commission (INEC) personnel in Lagos.
This followed a suit filed by the Labour Party and five others against INEC.
The other plaintiffs in suit No. FHC/L/CS/271/2023 are Gbadebo Rhodes-Vivour, Labour Party gubernatorial candidate for Lagos State; African Democratic Congress (ADC), Funsho Doherty and Boot Party’s Wale Olumo
INEC is the defendant.
When the case was called on Wednesday to hear the substantive suit, Abbas Ibrahim announced an appearance for the plaintiffs.
There was no legal representation for INEC.
When asked if the hearing notice was served on INEC, the counsel told the court that it was served on INEC on Monday.
He told the court that the matter was slated for hearing of the substantive suit and that he was ready to proceed with the originating summons dated February 15 and filed on February 16
While adopting his processes, the counsel told the court that the suit was brought pursuant to sections 6(6), 26, and 27(1) of the 1999 Constitution and Section 2 of the Electoral Act.
He said there was a 26-paragraph affidavit supporting the suit, eight exhibits, and a written address.
He also told the court that the processes had three issues for determination.
He adopted the same as his argument in support of his application and urged the court to grant the prayers sought.
The judge consequently tentatively reserved the judgement until February 24.
The plaintiffs had prayed for an order to restrain INEC from taking any further steps in appointing MC Oluomo-led Lagos State Parks Management Committee to distribute the 2023 general election materials in Lagos State, pending determination of the substantive suit.
They also prayed for an order abridging time within which the defendant would file its counter-affidavit to the substantive originating summons.
The applicants averred that their rights to free and fair elections in Lagos State were threatened by MC Oluomo’s engagement by INEC in distributing election materials.
They said that damages would not be an adequate remedy.
Olusegun Agbaje, INEC Resident Electoral Commissioner in Lagos state, had said the commission had no option but to engage the Lagos State Parks Management Committee.
(NAN)
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