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Justice Chukwujekwu Aneke of an Ikoyi Federal High Court today fixed February 24 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 ad-hoc staff for the forthcoming polls in the state.
Justice Aneke gave the date after listening to counsel to the applicants, Abass Ibrahim.
The applicants in the suit are the Labour Party, and its governorship candidate in the state, Gbadebo Rhodes-Vivour, the African Democratic Congress and its candidate, Funsho Doherty and the Boot Party, and its candidate Wale Oluwo.
It would be recalled that on Monday, February 20, the judge had granted an interlocutory injunction restraining INEC from engaging the Oluomo led-park managers, or any of its commercial bus drivers, in distributing election materials and personnel for the 2023 polls in Lagos State.
In adjourning the hearing of the substantive suit, Justice Aneke had ordered the applicants to serve the restraining order and other processes in the suit on INEC, who is the only defendant in the case.
When the matter came up for hearing of the substantive suit on Wednesday, the applicants' lawyer, Abass Ibrahim, told the court that he had fully complied with the court orders by serving all processes and the hearing notice on INEC, but he was surprised that the respondent failed to appear in court.
Ibrahim then urged the court to allow him to move his clients’ application, a request which was granted by the court.
In moving the originating motion, Ibrahim informed the judge that the motion dated February 13, but filed on February 16, 2023, was brought pursuant to Section 6 of the 1999 Constitution as amended, Sections 26 and 27(1)(2) of the Electoral Act, 2022 and under the court’s inherent jurisdiction.
He also told the court that the motion is supported by a 27-paragraph affidavit, written address and exhibits.
The plaintiffs/applicants are praying 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 because 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 individuals 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.”
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