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Osun Poll: Court Declares LG Poll Illegal, Unconstitutional

By Abuja Daily Mail

 The Federal High Court sitting in Osogbo, Osun state, has declared the local government election held on October 15, 2022 as illegal, unconstitutional, null and void.

Consequently, Justice Nathaniel Emmanuel Ayoola sacked all the chairmen and councillors elected into the local governments across the state, saying the election that produced them was in contravention of the law.

He held that the election conducted by the Osun State Independent Electoral Commission (OSIEC) pursuant to Section 25(4) of its law was in contravention of Sections 29 & 32 of the Electoral Act, 2022.

Joined as respondents in the suit are the Independent National Electoral Commission (INEC), Osun State Independent Electoral Commission (OSIEC), All Progressives Congress (APC), Prince Gboyega Famodun (now King), Barrister Ogunsola Rafiu, Barrister Olubisi Oladosu and Engr. 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 was fundamental and that Section 150(3) of the Electoral Act “says that any election conducted in violation of the provision of the law shall be invalid.”

He held that OSIEC law in Section 25(4) was inconsistent with Sections 29 and 32 of the Electoral Act, 2022, which provide for 180 days for the submission of the candidate’s list and publication of the same.

Justice Ayoola said the notice of election was published on August 15, 2022, and the election was held on October 15 making 60 days’ notice, adding that “this is in contravention to the law and the election is thereby declared unconstitutional, invalid, null and void.”

“All persons or individuals occupying that office by the virtue of that election are thereby sacked,” the court held.

In its reaction, the APC has described the judgement as a “temporary setback,” saying the party had concluded arrangements to appeal the judgement.

The state deputy chairman of the APC, Sooko Taju Lawal, in a statement by the media adviser to the party, Kola Olabisi, assured party members that the judgement would be redressed by the appellate court.

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