Justice Chukwuejekwu Aneke of a Federal High Court sitting in Lagos, yesterday, granted an order of interlocutory injunction restraining the Independent National Electoral Commission (INEC) from engaging the Musiliu Akinsanya (aka MC Oluomo)-led Lagos State Parks Management Committee or any of its commercial bus drivers to move election materials and personnel for this year’s general elections in the state.
The order followed argument by counsel, Abass Arisekola Ibrahim, in the suit marked FHC/L/CS/271/2023 and filed against INEC as sole respondent by governorship candidate of Labour Party, Gbadebo Rhodes-Vivour, African Democratic Congress and its gubernatorial flag-bearer, Funsho Doherty and Boot Party with its governorship standard-bearer, Wale Oluwo.
While arguing the application, Ibrahim told the court that the request had an attached affidavit of urgency, noting that it was 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 urged the court to grant the application on grounds the order was sought, observing that that his clients were concerned about free and fair elections in the state.
He submitted: “It is in interest of justice to restrain INEC from taking any step or further steps that may foist a fait acompli in respect of the substantive suit.”
After listening to his submission, Justice Aneke granted the application.
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’ lawyer pleaded with the court for abridgement of time to hear the substantive suit in view of schedule of the elections.
The presiding judge upheld the plea and consequently adjourned hearing of the substantive suit to February 22, while ordering that all processes and notice be served on the electoral umpire.
The three political parties and their governorship candidates, in the affidavit in support of the motion on notice for interlocutory injunction deposed to by their lawyer, averred that the Lagos State government, in April 2022 (less than one year to this election), set up a body known as Lagos State Parks Management Committee to oversee affairs of all commercial bus drivers, motor parks and garages in the state, while at the same time, abolishing activities of the National Union of Road Transport Workers (NURTW) in the state.
And that prior to April 2022, NURTW was the major controller and manager of Lagos State commercial bus drivers, garages and motor parks. The deponent stated that upon establishment of the Lagos State Parks Management Committee, Governor Babajide Sanwo-Olu, the incumbent and gubernatorial candidate of the All Progressives Congress (APC) appointed Musiliu Akinsanya (popularly known as MC Oluomo), a strong supporter of the party and its governorship and presidential candidates, as chairman of the committees.
The Guardian
