Court To INEC: MC Oluomo Must Not Be Used To Distribute Election Materials In Lagos

A Federal High Court in Ikoyi, Lagos, presided over by Justice Chukwujekwu Aneke, today, mandated the Independent National Electoral Commission, INEC, against taking any steps or further steps whatsoever in furtherance of the engagement of the Lagos State Parks Management Committee led by Musiliu Akinsanya popularly known as MC Oluomo to distribute election materials and personnel in Lagos State on election days pending the hearing and determination of the substantive suit.

The judge arrived at the decision while granting an exparte application initiated by the Labour Party (LP) alongside five others.

According to the exparte application, the LP is praying to the judge for an interlocutory injunction restraining the Independent National Electoral Commission, whether by itself or by its officers, affiliates, servants, privies, or agents or any person acting or purporting to act for and on behalf howsoever from taking any steps or further steps whatsoever in furtherance of the engagement or appointment or consummating the appointment of Musiliu Akinsanya, popularly known as MC Oluomo led Lagos State Parks Management Committee or any of its commercial bus drivers to distribute 2023 election materials and personnel in Lagos State pending the hearing and determination the substantive suit.

Other plaintiffs/applicants in the legal action designated FHC/L/CS/271/2023 are Gbadebo Rhodes-Vivour (the Labour Party gubernatorial candidate for Lagos State); African Democratic Congress (ADC), Funsho Doherty; Boot Party and Wale Olumo.

The defendant/respondent in the suit is INEC. According to the motion dated February 15, 2023, signed and filed by plaintiffs' counsel, Abbas Arisekola Ibrahim, the plaintiffs/applicants prayed for "An order of interlocutory injunction restraining the Independent National Electoral Commission, whether by itself or by its officers, affiliates, servants, privies, or agents or any person acting or purporting to act for and on its behalf howsoever from taking any steps or further steps whatsoever in furtherance of the engagement or appointment or consummating the appointment of Musiliu Akinsanya popularly known as MC Oluomo - led Lagos State Parks Management Committee or any of its commercial bus drivers to distribute 2023 election materials and personnel in Lagos State pending the hearing and determination of the substantive suit.

“An order abridging time within which the defendant is to file its counter-affidavit to the substantive originating summons.

“And for such other order/orders as the honourable court may deem fit to make in the circumstances.”

The applicants made the application on the grounds that the legal rights of the plaintiffs/applicants to free and fair election in Lagos State are severely threatened; Damages would not be an adequate remedy; the balance of convenience is in favour of the plaintiffs/applicants; and it is in the interest of justice to restrain the defendant from taking any steps or further steps that may foist a fait accompli on this honourable court in respect of the substantive suit.

Other reliefs sought in the motion supported by a 26-paragraph affidavit and eight exhibits attached, 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 personnel 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 Oluomoled 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 personnel in Lagos State will give room for election sabotage, manipulation, and rigging in favour of APC and consequently unlawful and illegal.

“A declaration that the appointment, partnership, or contracting of Musiliu Akinsanya popularly known as MC Oluomo-led Lagos State Parks Management Committee or any of its members and/or drivers by INEC to distribute 2023 election materials and personnel in Lagos State is unlawful, wrongful, unjust and/or unreasonable and should be immediately stopped.

“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 its members and/or drivers with INEC to distribute election materials and personnel in Lagos State.

“An order of perpetual injunction restraining INEC and/or their privies or any persons acting under their directions from contracting, partnering or 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 personnel in Lagos State.”

Justice Aneke, after entertaining arguments from Abass Arisekola Ibrahim, who announced the appearance for the plaintiffs/applicants, while INEC was not represented, held that there is merit in the reliefs sought and therefore granted the prayers.

According to the judge, “Having gone through the paragraphs in the affidavit, there is merit and the reliefs are hereby granted.

“The matter is adjourned until February 22 for hearing of the substantive suit and hearing notice to be served on the respondent immediately.”

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