Court grants PDP’s amendment application on suit seeking to stop Osun LG poll, fixes date for hearing

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BY TIMOTHY AGBOR, OSOGBO

Uba Group

A Federal High Court sitting in Osogbo, Osun State, on Thursday, granted an application for amendment of a suit brought by the Peoples Democratic Party in the state, seeking the stoppage of the state Local Government Election slated for October 15 by the Osun State Independent Electoral Commission.

The state chapter of the PDP had entered an application to amend its originating summons in a suit marked: FHC\OS\CS\94\2022 before the court and was opposed by OSIEC.

PDP’s counsel, Hashim Abioye, while addressing the court, urged it to bring into focus the OSIEC Law 2022 which was enacted by the Osun State House of Assembly during the pendency of the suit and further urged the court to interpret some provisions of the Electoral Act, 2022 and the application of the Supreme Court decision in OSIEC versus Action Congress vis-a-vis conduct of the council election in the state.

But OSIEC’s counsel, Saka Layonu, Senior Advocate of Nigeria, had opposed the amendment application saying the application was over-reaching and capable of changing the complexion of the suit. He further argued that the suit was a pre-election suit under Section 285 (14) of the 1999 Constitution as amended.

In his response, Abioye submitted that the suit was about interpretation of an enactment and the application of the apex court’s decision which is a jurisdiction conferred on the Federal High Court under the proviso to Section 251(1) of the 1999 Constitution as altered.

He maintained that the suit was not a pre-election and that the court could make declarations and grant reliefs based on the interpretation being sought as far as the procedure and step already taken and being taken by OSIEC were concerned.

However, delivering his ruling after both parties’ arguments, Justice Emmanuel Ayoola overruled OSIEC’s objection and granted PDP’s amendment application. The court adjourned the suit till September 26 for hearing of the substantive which is about invalidating the entire processes in the conduct of the proposed election.

Notwithstanding the litigation, OSIEC Chairman, Segun Oladitan, in a statement issued on Thursday, said the council election would still hold as earlier slated and assured residents of the state of credible and acceptable poll.
TIMOTHY AGBOR, OSOGBO

A Federal High Court sitting in Osogbo, Osun State, on Thursday, granted an application for amendment of a suit brought by the Peoples Democratic Party in the state, seeking the stoppage of the state Local Government Election slated for October 15 by the Osun State Independent Electoral Commission.

The state chapter of the PDP had entered an application to amend its originating summons in a suit marked: FHC\OS\CS\94\2022 before the court and was opposed by OSIEC.

PDP’s counsel, Hashim Abioye, while addressing the court, urged it to bring into focus the OSIEC Law 2022 which was enacted by the Osun State House of Assembly during the pendency of the suit and further urged the court to interpret some provisions of the Electoral Act, 2022 and the application of the Supreme Court decision in OSIEC versus Action Congress vis-a-vis conduct of the council election in the state.

But OSIEC’s counsel, Saka Layonu, Senior Advocate of Nigeria, had opposed the amendment application saying the application was over-reaching and capable of changing the complexion of the suit. He further argued that the suit was a pre-election suit under Section 285 (14) of the 1999 Constitution as amended.

In his response, Abioye submitted that the suit was about interpretation of an enactment and the application of the apex court’s decision which is a jurisdiction conferred on the Federal High Court under the proviso to Section 251(1) of the 1999 Constitution as altered.

He maintained that the suit was not a pre-election and that the court could make declarations and grant reliefs based on the interpretation being sought as far as the procedure and step already taken and being taken by OSIEC were concerned.

However, delivering his ruling after both parties’ arguments, Justice Emmanuel Ayoola overruled OSIEC’s objection and granted PDP’s amendment application. The court adjourned the suit till September 26 for hearing of the substantive which is about invalidating the entire processes in the conduct of the proposed election.

Notwithstanding the litigation, OSIEC Chairman, Segun Oladitan, in a statement issued on Thursday, said the council election would still hold as earlier slated and assured residents of the state of credible and acceptable poll.