Keen on a postponement of Saturday’s Local Government election in Oyo state, the All Progressives Congress (APC) in the state has urged the Chief Judge of the state, Munta Ladipo to mandate necessary court units to accept its originating processes for filing and assign it a judge for hearing before Election Day.
Caretaker Chairman, Oyo APC, Chief Akin Oke made this appeal in a press statement issued on Wednesday, on the heels of the ongoing strike of the Judiciary Staff Union of Nigeria (JUSUN) which may hinder quick assignment of the APC’s case before election day.
Oke, in the statement, argued in some cases could be heard in the Supreme court, some Magistrate courts, the Chief Judge could mandate the relevant units and personnel to allow the Oyo APC effect filling and assignment of its case timeously before Saturday.
Explaining that the decision of the APC not to field candidates when called for by the OYSIEC was because of then subsisting litigation by its members, Oke said it was unfair for the OYSIEC to refuse to extend the election period to allow the party exercises its constitutional rights to seek electoral offices.
In what it described as subjudice, approbating and reprobating for the APC to field candidates during the pendency of the litigation, the Oyo APC prayed that the OYSIEC have a rethink on going ahead with Saturday’s election and allow reason to prevail.
Oke said, “It would be recalled that the court action of the members of ALGON, Oyo State challenging the unconstitutional dissolution of the duly elected Executives of the 33 Local Governments and 35 Local Councils Development Areas in Oyo State was finally laid to rest by the Supreme Court Judgment of the 7, May 2021.
“It would also be recalled that one of the reliefs granted at the High Court among others was a perpetual injunction restraining the Defendants in that case among which is OYSIEC or anybody whatsoever from conducting elections into the 33 local Government and 35 LCDAs and their councilors during the 3 years constitutionally guaranteed tenure of the chairmen.
“It would also be recalled that the All Progressives Congress was the political party through which platform the chairmen and councilors contested and won the elections in 2018 and it, therefore, stands logic on its head for the chairman of the OYSIEC who is a Senior Lawyer and a Senior Advocate of Nigeria for that matter to assert that APC cannot seek to benefit from a pronouncement of the Supreme Court of Nigeria and we have to wonder why cases are being cited in court or what do lawyers mean by the doctrine of judicial precedent.
“It will be a situation of approbating and reprobating for the APC to field candidates during the pendency of litigation instituted by its members and what the lawyers call subjudice which should tell the OYSIEC chairman who is a lawyer that parties are supposed to know that nothing should be done with respect to a matter already submitted for the adjudication of the court.
“It must also be noted that OYSIEC had in its guidelines imposed a nomination form fees of N250,000 and N100,000 to be paid by the Chairmanship and Councillorship Aspirants respectively. These fees are illegal because election processes cannot be monetized. The OYSIEC having realized this illegal imposition of fees have now decided to refund the candidates but not after OYSIEC had closed every avenue for participation in the electoral processes thereby shutting out so many citizens of Oyo State who would have participated in the election by seeking political office but for the illegal imposition of the nomination fees.
“The question is, is it fair on the people for OYSIEC to refuse to extend the election period and allow those already shut out from participating to also have the opportunity to exercise their constitutional rights to seek elective offices? We hope that Oyo State Government and the Oyo State Independent Electoral Commission will have a rethink and allow reason to prevail.
“In the meantime, we have prepared our originating processes and same forwarded to the Chief Judge of the State through our lawyers hoping that same will be attended to timeously by accepting same for filing and assigning it to a judge for a hearing. The courts are imbued with extensive power under the High Court Laws of Oyo State, the Constitution of the Federal Republic of Nigeria and under the High Court Civil Procedure Rules of Oyo State coupled with the fact that the Supreme Court even sat during the pendency of JUSUN strike to deliver its judgment on the 7, May 2021.
“We are equally aware that some Magistrate Courts in Oyo State are sitting over criminal matters considered urgent during this ongoing JUSUN strike. If the Oyo State Judiciary can permit criminal matters to be heard in a strike, we trust his lordship, the Chief Judge will mandate the necessary units and personnel to effect filing and assignment timeously before Election Day.”
Meanwhile, Governor Seyi Makinde, on Wednesday, said the May 7 Supreme court judgment had made the coast clear for the conduct of a fresh local government election on Saturday.
Declaring the former Chairmen as “All gone”, Makinde added that the Supreme Court judgment finally sent packing the former local government Chairmen after he had initially sent them out of office.
The governor stated this, during the official presentation of flags to the Peoples Democratic Party (PDP) candidates contesting elections in Ibadan Northeast and Ibadan Southeast Local Government Areas in Saturday’s council poll.
Speaking on Saturday’s poll, he said the local government system will go a long way in complementing his efforts at the state government level.
While handing over flags to the standard-bearers of the party, he urged those yet to get tickets to remain calm noting that there were several other positions to be filled.
“When we sent the chairmen away, the then Inspector-General of Police and Attorney- General of the federation, ordered that the Police should usher them back to their various councils, but about two weeks ago, the Supreme Court finally sent them away. This action, practically, has validated the exercise we want to engage in on Saturday.”
“When I was elected as governor of the state and got sworn in at the Liberty Stadium, we sent the ‘All-gone Chairmen’ away. Are they all gone now or not?”
“It is not as if they did not cause crisis but we got the victory because God is bigger than them and we need to thank God for that.”
“I want to assure you that the local government will complement all the things we have been doing at the state level,” he said.
“Let me also say this: the election of Saturday will produce Chairmen, Vice-Chairmen and Councillors. So, other party members who are yet to get something should please bear with us as there are still some other positions like Secretary, supervisory councilors and others that are to be filled by party members.”
“So, support them when they get to that position because I know that you will get yours too in no time.”
YOU SHOULD NOT MISS THESE HEADLINES FROM NIGERIAN TRIBUNE
We Have Not Had Water Supply In Months ― Abeokuta Residents
In spite of the huge investment in the water sector by the government and international organisations, water scarcity has grown to become a perennial nightmare for residents of Abeokuta, the Ogun State capital. APC wants Chief Judge to assign case for hearing before Election day ; APC wants Chief Judge to assign case for hearing before Election day ; APC wants Chief Judge to assign case for hearing before Election day ; APC wants Chief Judge to assign case for hearing before Election day.
and then