Oyo LG Poll: APC Wants CJ To Assign Case For Hearing Before Election Day

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*Supreme Court judgment validates Saturday’s exercise ―
Makinde

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.”