Why Osun APC dragged OSSIEC to court, few months to council elections

The conduct of the forthcoming local council election in Osun State is under threat. Deborah Oladejo in Osogbo writes on the court action instituted by the APC against the Osun State Independent Electoral Commission (OSSIEC)...

The political climate in Osun State is heating up as the local government elections draw near. Political parties are actively mobilizing their bases with tension rising between the All Progressives Congress (APC) and the Peoples Democratic Party (PDP).

The Osun State local government elections, scheduled for February 2025, is the continuation of the intense political rivalry between the APC and the ruling PDP-led administration of Ademola Adeleke, who defeated then incumbent APC governor, Gboyega Oyetola in the hotly-contested 2022 governorship election.

The upcoming election to be conducted according to the Osun State Independent Electoral Commission (OSSIEC) Law 2023, is being challenged by the APC.

The APC has accused the Osun State Independent Electoral Commission (OSSIEC) of deliberately frustrating opposition parties, alleging that the commission is not providing a level playing field for all participants.

In addition, the party has expressed concerns about the disqualification of 19 of its candidates, arguing that the process was biased and unjust.

In seeking redress for the alleged grievances, the APC and the 19 disqualified candidates of the party have filed a lawsuit against Governor Ademola Adeleke, OSSIEC, and the Attorney-General of the state.

They are seeking a court order to nullify some of the actions of OSSIEC, claiming that the process has been tainted by irregularities and bias.

Other political parties have also expressed their displeasure with the electoral process, calling for transparency and fairness.

However, OSSIEC maintains that it is committed to conducting a free, fair, and credible election, and that all parties will be given equal opportunities to participate.

The commission’s chairman, Barrister Hashim Abioye, has assured stakeholders that the election will be transparent and credible.

The APC claimed that OSSIEC’s actions since July 2024 have been premature and illegal, depriving the party of its right to access the tribunal.

The party is seeking damages of N100 million and a written apology from OSSIEC for the public embarrassment and humiliation caused.

The Claimants, in Suit No. Hos/184/2024 submitted for court determination on a number of legal infractions, challenged the validity of the whole exercise of the planned Local Government Elections scheduled for February, 2025 by the OSSIEC.

In an Originating Summons signed by the Claimants’ Counsel, Muhydeen Adeoye Galadima and made available to newsmen in Osogbo, the Claimants bemoaned the conduct of the state electoral commission since the commencement of the entire process.

The Claimants asked for court determination on myriad of legal issues bordering on: “whether, having regard to Sections 7, 36, 197, 204(1) 272 and Paragraph 4 (a and b) of Part II of the Third Schedule of the Constitution of the Federal Republic of Nigeria 1999 (as Amended), Sections 2 and 29 of the Osun State Independent Electoral Commission Law, 2022, failure of the Defendants to first cause the constitution or put in place the Local Government and Area Council Election Tribunal to enable the Claimants ventilate their pre-election grievances against the decision(s) of the 1st Defendant is not a wrongful and unlawful omission such that has rendered the whole activities so far taken by the 1st Defendant from 22nd July, 2024 in connection with the proposed 2025 Local Government Elections premature, illegal, null and void same having occasioned deprivation to the Claimants of the right of access to the prescribed Tribunal over the 1st Defendant’s decisions against the Claimants.

“Whether, having regard to Sections 13, 15 and 24(1) of the Osun State Independent Electoral Commission Law, 2022, the 1st Defendant has any power backed by law to amend a Notice of Elections already issued and published on 19th February, 2024 midway into the 2025 Local Government Elections.

“Whether, having regard to the provision of Sections 13, 15 and 24(1) of the Osun State Independent Electoral Commission Law, 2022 and the tenor of the Supreme Court’s decision, the 1st Defendant’s Amended Notice of Elections relied upon to deny the Claimants right to participate in the February, 2025 Local Government Council elections is not invalid, null and void same having failed to comply with the stipulated number of days required under the Law.”

According to the counsel, the Claimants prayed the court for a declaration that the whole activities so far taken by the 1st Defendant from 22nd of July 2024 are premature, illegal, null and void same having occasioned deprivation to the Claimants of the right of access to the Tribunal over the 1st Defendant’s decisions against the Claimants.

They also sought for a declaration that the 1st Defendant acted ultra vires with respect to its July 2024 decision amending the Notice of 2025 Local Government Elections issued on 19th February, 2024 and therefore the said Amended Notice of Elections is illegal, unlawful, null and void.

The Claimants further prayed court for a declaration that the 1st Defendant’s amended Notice of Elections of the 2025 Local Government Councils is illegal, unlawful, invalid, null and void.

They sought for an Order of the Court directing the Defendants to jointly or severally pay damages in the sum of One Hundred Million Naira Only (#100,000,000.00) to the Claimants in addition to tendering a written apology to the Claimants for the public embarrassment, humiliation, disturbance and trauma caused to the Claimants over an attempt of the 1st Defendant to deprive the Claimants opportunity to fully participate in the 2025 Local Government Elections in Osun State.

Speaking on the development, the Counsel to the Claimants, Barrister Galadima expressed confidence in the potency of the case before the court saying ‘they are fundamental issues determining the fate of the proposed council poll.”

Reacting to development, an Osun based legal analyst, Ajibade Olusegun, said that some provisions of OSSIEC Law 2022, which the plaintiff premised their case upon, have been altered by the 2024 amendment.

He said “The case is a reckless sensation and a fruitless voyage for the APC. Some Provisions of OSSIEC Law 2022, which they premised their case upon, have been altered by the 2024 amendment.

“The Commission is constitutionally and statutorily empowered to issue notice, regulations, guidelines and to do anything towards conducting, organizing and carrying out its mandate, this includes amending the Notice of election that ossiec rightly did, in so far the Notice has not fallen short of the statutory requirements.

“The amendment by OSSIEC was to remove LCDAs from the elections but to deal with only the 30 constitutionally recognized Local Governemnt Areas in Osun State in line with the Supreme Court decision.

“Local Governemnt Elections Tribunal is to be constituted not later than 21 days before the election, according to the provisions of OSSIEC law.”

The APC then sought to replace candidates they never had till close of nomination, after nomination had already closed, and this is beyond OSSIEC.

Also speaking on the efficacy of the lawsuit, a public analyst, Mr Ibrahim said, “One, the number of parties to participate in the LG election is 18, and so, it does not make sense that 20 parties are challenging the process. It simply means APC is lying, and this is why it could not mention just one party aside it that is in court.

“Also, the court, particularly the Supreme Court, had in several judgments affirmed the power of the electoral body to regulate election details such as date and order of the election and the procedures to follow. For reference purpose, the Supreme Court judgement in PDP V. SYLVA (2012) 13 NWLR (PT 1316) 85 readily comes to mind as apex court “INEC (electoral body) has the sole responsibility to fix dates for election and to my mind, if INEC fixes a date for elections and whatever reason, be it logistic, I do not think anyone has a cause of action against INEC for canceling an election (not held) and rescheduling elections for another day.”

He gives another legal precedence, in NDP V INEC (2013) 20 WRN 1 at 45 the Supreme Court (per Ariwoola J.S.C.) held that “It is not in doubt that the Independent National Electoral Commission (INEC) that is, the respondent, has the sole responsibility to decide when elections are to hold. See Peoples Democratic Party v Timipre Sylva & Ors (2012) 13 NWLR (Pt 1316) 85 at 122. The respondent also reserves the prerogative to decide what Timetable of Activities to publish for a General Election.”

As the election approaches, tensions are expected to rise. The outcome will be crucial in determining the direction of local governance in Osun State. With the APC and PDP locked in a bitter dispute, the people of Osun State can only wait and see how the situation unfolds.