A Federal High Court in Ibadan on Thursday struck out the suit filed by some aggrieved members of the ruling All Progressives Congress (APC) from Eruwa in Ibarapa East Local Government area against the State Independent Electoral Commission (OYSIEC) and others challenging elections into the newly created wards in the state.
The presiding judge, Justice Joyce Abdul Malik while delivering her judgement on the suit FHC/IB/CS/47/2018 (Olugbenga Adeyemi & Others V INEC, OYSIEC and OYSG) held that the subject matter of the suit was clearly on the powers of OYSIEC, and not the powers of INEC joined as a federal agency.
Attorney General and Commissioner of Justice in the state, Mr. Oluseun Abimbola while reacting in a statement sent to DAILY POST said that the election will hold on Saturday since the supposed legal impediment towards the conduct of the election had been vacated.
Abimbola said, “She agreed with the submissions of the Oyo State Attorney General, Oluseun Abimbola Esq, that the joinder of a federal agency will not automatically confer jurisdiction on the court if the subject matter contested is outside the jurisdiction of the Court.
“The court then held that the suit was not for the Federal High Court, but for the State High Court and accordingly struck out the suit in its entirety along with any previously made orders”.
Abimbola added that, “It will be recalled that the court had earlier made an order of injunction restraining defendants from using the new ward delineation for the elections. That order is equally now vacated. With this ruling, the coast is clear for the exercise of democratic rights by all residents of the State to elect Chairmen and Councilors into all Local Government Councils, Local Council Development Area (LCDAs) and their constituent wards on Saturday, May 12″.