•We’re taking steps to vacate order, says attorney-general
A Federal High Court in Ibadan, the Oyo State capital, yesterday ordered the Oyo State Independent Electoral Commission (OYSIEC) to suspend the planned election into the newly-created Local Council Development Areas (LCDA), pending the determination of a substantive suit.
All Progressives Congress (APC) members from Ibarapa East Local Government had approached the court over the creation of new wards.
They sought an interim order to suspend the conduct of council poll slated for May 12.
Justice Joyce Abdul-Malik of the Federal High Court 2, in her brief ruling on the motion, granted the prayers of the parties by retraining OYSIEC from conducting election into the newly-created wards, pending the determination of the substantive suit.
The interim relief in favour of the members was made in respect of the new wards’ delineation by the government, restraining OYSIEC from conducting election into the wards.
Plans by the commission to conduct election into LCDAs on May 12 are at the peak.
A similar scenario played out when baales in Oyo West, Atiba and Oyo East local governments sought an order restraining the commission from conducting the planned election last year, pending the determination of the case, which led to shifting the date from February 21 to May 12.
Attorney-General and Commissioner for Justice Mr. Olusegun Abimbola said the government would take steps to vacate the order, which he claimed was yet to be served on it.
He said: “The point is that the existing laws forbid any interim order from any court in respect of any proceeding to affect the timing of scheduled election by the provision of Section 9 of the Oyo State Independent Electoral Commission Law Cap 154 Laws of Oyo State 2000.”
‘Ruling won’t stop election’
•PDP, AD withdraw from poll
Oyo State Independent Electoral Commission (OYSIEC) has assured the electorate that the ruling, which ordered stoppage of the May 12 council election, will not prevent it from holding.
Chairman John Ajeigbe said yesterday in a statement that the situation was under control.
The statement reads: “The attention of the Oyo State Independent Electoral Commission has been drawn to a news item of an interim order by the Federal High Court in Ibadan said to have stopped the scheduled council elections fixed for May 12. While we are yet to be formally served with any such order, our information confirms that the said court’s order did not stop the scheduled elections and was only directed at using the newly delineated wards for the scheduled elections by OYSIEC. Elections are, therefore, not restrained from proceeding as scheduled in the local governments and LCDAs. It should be noted that the extant provisions of Section 9(1) of the Oyo State Independent Electoral Commission Law, Cap 154, Laws of Oyo State 2000 which states that “no interim, interlocutory or any other order, decision or judgment by any court or tribunal before or after the commencement of this law in respect of any intra-party, or inter party dispute, or any other proceedings or matter pertaining to an election under this law, shall affect the timing of an election under this law. This extant law remains valid and binding on us all.”
The state chapter of Peoples Democratic Party (PDP) and Alliance for Democracy (AD) have confirmed that they will not participate in the election.
PDP Publicity Secretary Mr. Akeem Olatunji said the party would not participate because it believed the exercise would be a charade.
He said PDP was in court against the election, adding that the case would come up for mention today.
AD said it was not surprised at the court ruling, noting that OYSIEC was neither sincere nor ready to conduct the poll.
Speaking through the state Chairman, Chief Michael Akinropo, the party said the lack of confidence in OYSIEC and the government in conducting a credible, free and fair election was the reason the party decided not to participate in the election.