Why Court should stop Lagos LG polls — Lawyer

A Lagos-based lawyer and human rights activist, Olukoya Ogungbeje, has approached the Federal High Court in Lagos, seeking to halt the scheduled July 12 local government elections in Lagos State over alleged constitutional violations.

Ogungbeje, in the suit marked FHC/L/CS/1108/2025, is challenging the legality of the Lagos State Independent Electoral Commission (LASIEC) conducting elections into 37 Local Council Development Areas (LCDAs), which he argues are not constitutionally recognised.

Joined as respondents in the suit are the Attorney-General of the Federation and Minister of Justice, LASIEC, and the Inspector-General of Police (IGP).

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At the core of Ogungbeje’s suit is the claim that the LCDAs in Lagos are not listed among Nigeria’s 774 constitutionally recognised Local Government Areas (LGAs), as stated in Part 1 of the First Schedule to the 1999 Constitution (as amended).

Citing decisions of the Supreme Court in Attorney General of Lagos State v. Attorney General of the Federation (2004) and Attorney General of the Federation v. Attorney General of Abia State & Ors (2024), Ogungbeje argued that LASIEC lacks the constitutional authority to conduct elections into the LCDAs.

He raised several constitutional questions for the court’s determination, including whether elections into unrecognised LCDAs are valid, whether such entities can draw funding from the Federation Account, and whether LASIEC can proceed with the elections without first establishing a legally constituted tribunal for the LCDAs.

Ogungbeje is seeking multiple declarations and orders, including:
“A declaration that LASIEC cannot lawfully conduct elections into the 37 LCDAs.

“An order nullifying any election held in the 20 LGAs and 37 LCDAs on July 12, 2025.

“An order voiding the offices of any chairmen or councillors elected as a result.

“An injunction restraining LASIEC and the IGP from conducting or providing security for such elections.”

He also asked the court to restrain the disbursement of statutory allocations to the LCDAs until they are constitutionally recognised.

In an ex parte motion, Ogungbeje requested interim orders restraining LASIEC from going ahead with the July 12 elections and stopping the police from providing any security for the exercise, pending the determination of the substantive suit.

However, at the hearing of the ex parte motion on Thursday, Ogungbeje and his co-counsel, Femi Ododo, were present in court, while LASIEC was represented by Blessing M. Joweigha, who informed the court that a memorandum of appearance had been filed on behalf of the electoral body.

Following this development, Justice Chukwujekwu Aneke adjourned the matter to October 28, 2025, to allow LASIEC to file its response to the applicant’s originating summons and ex parte motion.