Abuja court shifts hearing of suit seeking to halt conduct of Oyo LG elections

Justice Obiora Egwuatu of the Federal High Court in Abuja has shifted the hearing of a suit seeking to halt the conduct of Local Government Elections in Oyo State until September 10.

The Judge on Tuesday adjourned hearing of the suit to enable the plaintiff, Akinloye Olusegun Oyeniyi, report to court on the service of the originating summons on the two defendants in the matter

Justice Egwuatu, who was billed to begin hearing of the suit on Tuesday, ordered the aggrieved plaintiff to serve the originating summons on the defendants in the matter.

The plaintiff, Akinloye Olusegun Oyeniyi, had dragged the Oyo State Independent Electoral Commission, OYSIEC, and the Independent National Electoral Commission,  INEC, who are 1st and 2nd respondents in the matter, respectively, before the court, urging the court to halt the conduct of the elections.

In the suit filed by the Plaintiff, through his Counsel, Ayo Omoleaupen, he prayed the court to determine “Whether by virtue of sections 1(1), 7(1), Paragraph 4 (a) of Part II of the third Schedule of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and section 153(1) of the Electoral Act, 2026 the power of the 1st Defendant is not limited to the “Verification of the Documents of Nominated Candidates” and does not extend to “Verification/Screening of Candidates”?

He also prayed the court to determine whether Items 6 and 9 of the 1st Defendant’s Revised Time Table and Schedule of Activities for 2026/2027 Local Government Election in Oyo State issued on the 4th day of March, 2026 are not inconsistent with the provisions of section 1(1), 7(1) and Paragraph 4(a) of Part II of Third Schedule and of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and section 153(1) of the Electoral At, 2026 and thereby infringes the Plaintiff’s right to contest and or vote for candidates of his choice in the 2026/2027 Local Government Local Government Election in Oyo State.

The Plaintiff prayed the court for a declaration that the 1st Defendant’s constitutional duty is limited to the “Verification of documents of nominated candidates” by political parties in compliance with the provision of 4(a), Part II of the Third Schedule of the 1999 Constitution of the Federal Republic of Nigeria (As Amended). And section 153(1) of the Electoral Act, 2026.

He also prayed the court for a declaration that the 1st Defendant lacks the power of “Verification/Screening of Councillorship and Chairmanship candidates” or “Screening of Substituted Candidates” by virtue of paragraph 4(a) Part II of the Third Schedule of the Constitution of the Federal Republic of Nigeria (As Amended) and section 153(1) of the Electoral Act, 2026.

He also prayed the court for the following orders, “An order restraining the 2nd Defendant whether by itself, its servants, agents or privies from releasing to the 1st Register of Voters containing a register of voters in Oyo State, namely the official register of voters certified by the 2nd Defendant, for use by the 1st Defendant for the conduct of Local Government Councils Election in Oyo State until the 1st Defendant strike out, cancel and or annul Items 6 and 9 of the Revised Time Tale and Schedule of Activities for the 2026/2027 Local Government Councils Elections in conformity with Paragraph 4(a) Part II of the Third Schedule of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and section 153(1) of the Electoral Act, 2026.  

“An order of the Honourable Court striking out, cancelling and or annually Items 6 and 9 of the Revised Time Table and Schedule of Activities for the 2026/2027 Local Government Councils Election which is in contravention to Paragraph 4(a), Part II of the Third Schedule of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and section 153(1) of the Electoral Act, 2026.  

The Plaintiff, a politician from Ogbomosho in the state, said if the court allows the elections to be conducted, his interest will be gravely affected.

He said in the affidavit attached to the originating summons, which he deposed to, that the Defendant/Respondents will not suffer any injustice if the relief(s) sought by the Plaintiff/Applicant in this application are granted, for it will assist in upholding the rule of law and strengthening democracy.  

He said, “That the Defendants/Respondents will not lose anything by the grant of this application. That I do know that the balance of convenience in this application is in favour of the Plaintiff/Applicant.  

“That I do also know that by the violation of the provisions of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and the Electoral Act, 2026 by the Defendants, the Defendants cannot adequately compensate the Plaintiff by damages.

“That the grant of this application will not in any way prejudice the interest of the Defendants/Respondent.”