Ogun LG polls: Lawyer drags APC, OGSIEC, seven others to court

A legal practitioner and chairmanship aspirant for Sagamu Local Government Area, Prince Adebayo Ogunmeno Esq., has dragged the Ogun State Independent Electoral Commission (OGSIEC) and eight others before the Federal High Court in Abeokuta.

He is praying the court for an order directing the electoral commission to remove the name of the candidate presented by the All Progressives Congress (APC) for Sagamu ahead of the local government elections in the state scheduled for November 16.

Ogunmeno, who is a pro-se plaintiff, is also seeking for an order nullifying the APC’s “unilateral selection or hand-pick” of one Afolabi Jubril Odulate (2nd defendant) as chairmanship candidate for the Sagamu Local Government in the poll.

The lawyer had, in the suit marked FHC/AB/141/24, sued the APC, Odulate, Chief Yemi Sanusi (State Party Chairman), Alhaji Rafiu Opaleye, Hon. Funmilayo Efuwape (Commissioner for Special Duties and Intergovernmental Affairs), Hon. Oladimeji Oresanya (Commissioner for Environment), Hon. Oriyomi Adewunmi Onanuga (House of Representatives member), Alhaji Dauda Olokun and OGSIEC as the 1st to 9th defendants, respectively.

The case arose from an application for an order to enforce pre-election right brought pursuant to Part II, Section 285 (14) of the Constitution of the Federal Republic of Nigeria as amended; Section 84(1)-(15) of the Electoral Act 2022; APC Constitution; Order 3, Rule 9 of the Federal High Court (Civil Procedure Rules, 2019) and under the inherent jurisdiction of the court.
In the run-up to the November 16 polls in the state, there have been agitations and protests among members of the ruling APC across the 20 local government areas over alleged imposition of chairmanship and councillorship candidates.

But in an originating summons in the case he instituted to challenge the alleged imposition, Ogunmeno sought for an order directing and prohibiting the 9th defendant from including or printing the 2nd defendant’s name on the ballot paper it plans to use in the conduct of the 2024 local government elections in the state.

The plaintiff asked the court to determine whether the APC (1st defendant) can under the Electoral Act, 2022 unilaterally pick the 2nd defendant as its chairman candidate for the Sagamu local government over him and other aspirants, without holding either a direct, indirect, or consensus nomination primary election for the aspirants.

He also asked the court to determine whether the APC can impose the 2nd defendant as its candidate over the plaintiff or other aspirants under the party’s constitution without holding a direct, indirect, or a consensus nomination election for aspirants.

Ogunmeno further prayed the court to determine whether OGSIEC can legally accept or include the 2nd defendant as the APC candidate on the ballot in the Ogun State, where the electoral body knew that the ruling party did not hold a direct, or indirect, or a consensus nomination primary for aspirants in Sagamu local government.

He also asked whether the APC is strictly bound to follow and apply the provisions of the Electoral Act, 2022 and its own Constitution in the process of choosing its chairman candidate for Sagamu local government, where there is more than one aspirant contesting for nomination of the party.

Other reliefs sought by the aggrieved aspirant included a declaration that by the community effect of sections 84(1) – (12) and (13) of the Electoral Act, 2022; and Article 20(ii) and (iv)(a)-(d) of the Constitution of the All Progressives Congress political appointees and those holding political offices are not eligible to vote as delegates or select the 1st defendant chairman candidate for Sagamu local government.

Ogunmeno also sought for “a declaration that by the community effect of sections 84(1) -(11) of the Electoral Act, 2022; Article 20(ii) and (iv)(a)-(d) of the Constitution of the All Progressives Congress, the 1st defendant is bound to conduct a nomination primary election to choose its chairman candidate for Sagamu local government particularly here where there are more than one aspirants vying for the elective position.

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He is equally asking the court for “a declaration that by the community effect of sections 84(1) – (12) of the Electoral Act, 2022: Article 20(ii) and (iv)(a)-(d) of the Constitution of the All Progressives Congress, the vote or votes of political appointees would not count as delegates in any nomination primary for the purpose of determining the 1st defendant’s chairman candidate for Sagamu local government in the 2024 local government election in Ogun State.”

The plaintiff is also seeking “a declaration that for the purpose of selecting its chairman candidate for Sagamu local government in the 2024 local government election in Ogun State, the 1st defendant cannot lawfully hand-pick the 2nd defendant and exclude the plaintiff or other aspirants without conducting a direct, or an indirect, or a consensus nomination primary.”

Among others, Ogunmeno sought an order restraining the 2nd defendant from parading himself as the 1st defendant’s chairman candidate for Sagamu local government as well as an order directing the 1st defendant to withdraw the 2nd defendant’s name from the list of chairmanship candidates it submitted to OGSIEC.

“Within 10 days after service of this summons on each of them, inclusive of the day of such service, defendant must cause an appearance to be entered to this summons for each defendant,” a copy of the originating summons dated 2nd October, 2024 and obtained by our correspondent read.