The Osun State chapter of the Peoples Democratic Party (PDP) on Sunday warned the State Independent Electoral Commission (OSSIEC) to stop its proposed local government election scheduled for October saying, the exercise will be in futility and will certainly not stand. They said it is an attempt to plunge the state further into a financial mess.
The party in a statement made available by its Director of Media, Mr Oladele Oluwabamiji, warned the electoral body to stop the move because the incoming PDP government will not condone illegality under whatever guise and that the conduct will be a flagrant disregard of the rules of law as enshrined in the new electoral act as amended.
The statement further stated that “While presenting the position of the PDP to the Commission on behalf of the state chairman, Dr Akindele Adekunle, the party secretary, Femmy Carrena and secretary of PDP Legal Committee, Hashim Abioye drew the attention of the Commission, not only to the futility of conducting the election but the grave danger of running foul of the law of the land with inherent consequences.
According to a letter presented to OSSIEC and explained by the duo of Femmy Carrena and Hashim Abioye, the PDP informed the chairman and members of the Commission about the pendency of legal suits before the High Court of Osun State; the latest being a suit pending before the Federal High Court, Osogbo, in which the legitimacy of the Commission as presently constituted, the constitutionality and legality of the planned Local Government election amongst others are being challenged.
The PDP also cited the Supreme Court decision in OSSIEC. V. ACTION CONGRESS, where it was stated without any ambiguity that no state electoral law can override the provision of the Electoral Act made by the National Assembly.
“To this effect, by the provision of section 28 of the Electoral Act, 2022, no election can hold until notice is given not later than 360 days before the said election. The said Electoral Act also provides mandatorily in section 29 the period within which list of candidates must be published which is 180 days.
It is no brainer that the period within which the outgoing APC administration in Osun State is left with, is clearly far less than the period stipulated in paragraphs 28 & 29 of the Electoral Act, 2022.
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“It will also be fatally wrong for OSSIEC chairman to jettison section 150 (1) & (2) of the electoral act which makes it compulsory for a state electoral body to follow the provision of the Electoral Act in the procedure regulating elections to the Local Government as sub-paragraph 3 of the said section invalidates any election by a State electoral body in contravention of the procedure stipulated in the Electoral Act.
“To further solidify the PDP’s position, the Electoral Act in sub-paragraph 4 of section 150 makes it a criminal offence and any official of the state electoral body in breach of the provision shall be prosecuted and punished accordingly.”
OSSIEC, acting ignorant of these clear provisions of the law for whatever reasons, while adamantly pressing for the conduct of the election, can only lead to one end, which is willful criminality and the attendant consequences, the PDP warned.