Court Orders Service of Suit against Oyo LG Elections on INEC, OYSIEC

Alex Enumah in Abuja

Justice Obiora Egwuatu of a Federal High Court in Abuja has ordered a service of the suit challenging the planned local government election in Oyo State on the Independent National Electoral Commission (INEC) and the Oyo State Independent Electoral Commission (OYSIEC).

Justice Egwuatu gave the directive to the plaintiff, Akinloye Olusegun Oyeniyi, yesterday shortly after the mention of the case.

Oyeniyi had dragged the OYSIEC and INEC, 1st and 2nd respondents in the matter respectively, to court seeking an order to halt the conduct of the LG polls.

The plaintiff in the suit filed by his lawyer, Ayo Omoleaupen, is praying the court to determine among others, “Whether by virtue of Sections 1(1), 7(1), Paragraph 4 (a) of Part II of the third Schedule of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Section 153(1) of the Electoral Act, 2026, the power of the 1st defendant is not limited to the “Verification of the Documents of Nominated Candidates” and does not extend to “Verification/Screening of Candidates?”

He also wants the court to determine whether Items 6 and 9 of the 1st Defendant’s Revised Time Table and Schedule of Activities for 2026/2027 Local Government Election in Oyo State issued on March 4, 2026, are not inconsistent with the provisions of Section 1(1), 7(1) and Paragraph 4(a) of Part II of Third Schedule and of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Section 153(1) of the Electoral At, 2026, and thereby infringes the plaintiff’s right to contest and or vote for candidates of his choice in the 2026/2027 local government election in Oyo State.

As part of reliefs the plaintiff is seeking is a declaration that the 1st defendant lacks the power of “Verification/Screening of Councillorship and Chairmanship candidates” or “Screening of Substituted Candidates” by virtue of paragraph 4(a) Part II of the Third Schedule of the Constitution of the Federal Republic of Nigeria (As Amended) and Section 153(1) of the Electoral Act, 2026.

According to him, “An order restraining the 2nd defendant whether by itself, its servants, agents or privies from releasing to the 1st defendant the Register of Voters containing a register of voters in Oyo State, namely the official register of voters certified by the 2nd defendant, for use by the 1st defendant for the conduct of local government councils election in Oyo State until the 1st defendant strikes out, cancels and or annuls Items 6 and 9 of the Revised Time Table and Schedule of Activities for the 2026/2027 Local Government Councils Elections in conformity with Paragraph 4(a) Part II of the Third Schedule of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Section 153(1) of the Electoral Act, 2026. 

“An order of the honourable court striking out, cancelling and or annulling Items 6 and 9 of the Revised Time Table and Schedule of Activities for the 2026/2027 Local Government Councils Election which is in contravention to Paragraph 4(a), Part II of the Third Schedule of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Section 153(1) of the Electoral Act, 2026.”

The plaintiff, a businessman and politician from Ogbomosho in Oyo State, said if the court allows the elections to be conducted, his interest will be gravely affected.

He said in the affidavit attached to the originating summons, which he deposed to, that the defendants/respondents will not suffer any injustice if the relief(s) sought by the plaintiff/applicant in this application are granted, for it will assist in upholding the rule of law and strengthening democracy. 

Meanwhile, Justice Egwuatu has adjourned till September 10, 2026, for the report of service of the originating summons on the two defendants in the matter.