From Lateef Dada, Osogbo
The Federal High Court sitting in Osogbo, Osun State, yesterday sacked all the chairmen and councillors elected into the local government councils across the state.
Justice Nathaniel Emmanuel-Ayoola held that the election conducted by the Osun State Independent Electoral Commission (OSIEC), was in contravention of Sections 29 & 32 of the Electoral Act, 2022.
The Peoples Democratic Party (PDP), had boycotted the local government election held on October 15 for lack of adequate notice and approached the court to set aside the election.
Joined as respondents in the suit are Independent National Electoral Commission (INEC), Osun State Independent Electoral Commission (OSIEC), All Progressives Congress (APC), Prince Gboyega Famodun (now King), Ogunsola Rafiu, Olubisi Oladosu and Ogundipe Kayode.
The plaintiff claimed that the notice of election published on August 15, 2022, was in contravention of the law and prayed the court to declare it unconstitutional, null and void.
The court held that notice of election is fundamental and section 150(3) of the Electoral Act says any election conducted in violation of the provision of the law shall be invalid.
He thereby held that OSIEC law in section 25(4) is inconsistent with sections 29 and 32 of the Electoral Act, 2022 which provides for 180 days for the submission of the candidate’s list and publication of same.
