Wale Igbintade
Justice Chukwujekwu Aneke of the Federal High Court, sitting in Lagos, has restrained the Independent National Electoral Commission (INEC) from engaging the Lagos State Parks Management Committee led by Musiliu Akinsanya popularly known as MC Oluomo to distribute election materials and personnel in Lagos State on election days, pending the hearing and determination the substantive suit filed before the court.
Justice Aneke made the order following a motion filed and argued by counsel to Labour Party Abass Arisekola Ibrahim in the suit marked FHC/L/CS/271/2023.
Applicants in the suit are Labour Party and its Lagos State governorship candidate, Gbadebo Rhodes-vivour; African Democratic Congress and its Lagos State governorship candidate, Funsho Doherty, and Boot Party and its governorship candidate, Wale Oluwo.
Only INEC was listed as defendant in the suit.
Applicants’ lawyer, Abass Arisekola Ibrahim, who moved the application with an affidavit of urgency, told the Court that the application “is 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 told the court the grounds for the orders sought were that his client’s who were plaintiffs/applicants would be severely threatened to free and fair election in Lagos State.
The counsel also stated that damages would not be an adequate remedy and that the balance of convenience was in favour of his clients, submitting that, “It is in interest of justice to restrain the INEC from taking any step or further steps that may foist a fait accompli (an accomplished fact) on the honour respect of the substantive suit.”
Justice Aneke, after hearing the counsel’s submission, 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’ counsel pleaded with the court for the abridgement of time to hear the substantive suit, because of the time of the elections.
Consequently, Justice Aneke granted the application for abridgement of time and adjourned the hearing of the substantive suit to February 22, while ordering that all the processes in the suit be served on the INEC.
The judge also ordered that hearing notice be issued and served on the INEC.
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 committee known as the Lagos State Parks Management Committee to oversee the affairs of all commercial bus drivers, motor parks and garages in the State, at the same time abolishing the activities of the National Union of Road Transport Workers (NURTW) in the state.
They stated that prior to April 2022, the NURTW was the major controller and manager of Lagos State commercial bus drivers, garages and motor parks.
The deponents stated that upon establishment of the Lagos State Parks Management Committee, Governor Babajide Sanwo-Olu of the state, appointed Musiliu Akinsanya popularly known as MC Oluomo, a strong supporter of the APC, as the Chairman of the committee, showing his support for the party, its gubernatorial and presidential candidates.
