Justice Chukwujekwu Aneke of the Federal High Court, Lagos, has stopped the Independent National Electoral Commission, INEC, from using, engaging or further dealing with the services of the Lagos Parks and Garages, headed by Musliu Akinsanya, alias MC Oluomo, of any of his representatives to distribute election materials and adhoc staff in Lagos state.
Resident Electoral Commissioner in Lagos, Mr Olusegun Agbaje had boosted that there was nothing anybody could do about the contract, forcing the officials of the National Road Transport Union, NURT to petition the INEC that its members in the Southwest geo-political zones had always been used for the electoral purpose.
Justice Aneke made the order following a suit instituted by the Labour Party against INEC, citing possible compromise if Oluomo’s committee is made to distribute election materials for the general election.
Applicants in the suit were Labour Party, its Lagos State governorship candidate, Gbadebo Rhodes-vivour, African Democratic Congress, its Lagos State governorship candidate, Funsho Doherty, and Boot Party and its governorship candidate Wale Oluwo.
In urging the court for the interim order, applicants counsel, Abass Arisekola Ibrahim, who moved the application with an affidavit of urgency, is brought pursuant to section 13(3) of the federal high court act (CAP Laws Of The Federation Of Nigeria 2004; Order 26 Rules 8 and 9, Order 28 Rule 1(2) of the Federal High Court (Civil Procedure) Rules 2009, and under the court’s inherent jurisdiction.He also told the court the grounds for orders sought are that his client’s who are plaintiffs/applicants will be severely threatened to free and fair election in Lagos.
The counsel also stated that damages would not be an adequate remedy and that the balance of convenience is in favour of his clients.
After listening to the counsel’s submission, the judge held: “I have listened to the submission of counsel and also perused the motion with affidavit of urgency and grounds for the application. I found merit in the application. The order of interlocutory injunction is hereby granted.”
Upon granting the interim order, applicants’ counsel pleaded with the court for the abridgement of time to hear the substantive suit, because of the time of the elections.
Justice Aneke also granted the application for abridgement of time and adjourned the hearing of the substantive suit to February 22, while he ordered that all the processes in the suit be served on the INEC.
The judge also ordered that hearing notice be issued and served on the INEC.
Earlier, Rotimi Oyekanmi, Chief Press Secretary to INEC Chairman, Prof. Mahmood Yakubu had said INEC would not accede to the demand to remove Agbaje.
He dismissed the allegations against the REC, describing it as deliberate misinformation and distortion of facts, not needed with days to this year’s general elections.
