20th February, 2023
By Akin Kuponiyi
A Federal High Court has restrained the Independent National Electoral Commission, INEC from engaging Musiliu Akinsanya, aka MC Oluomo led Lagos Parks Management Committee or any of its commercial bus drivers for distribution of election materials and personnel in the State.
Justice Chukwujekwu ANEKE gave the order against INEC pending the hearing and determination of the substantive suit in a case filed by Labour Party and five others.
Other plaintiffs/applicants in the suit No. FHC/L/CS/271/2023 are Gbadebo Rhodes-Vivour, Labour Party Gubernatorial Candidate for Lagos State; African Democratic Congress, Funsho Doherty, Boot Party and Wale Olumo
INEC is the defendant/respondent.
In the motion dated Feb. 15, the applicants prayed for an interlocutory injunction restraining INEC from taking any steps in the appointment of MC Oluomo-led Lagos State Parks Management Committee to distribute 2023 election materials pending determination of a substantive suit on the issue.
They also sought an order abridging time within which the defendant/respondent would file a counter-ffidavit to the substantive suit.
The plaintiffs also prayed for other orders as the court might deem fit to make in the circumstance.
The applicants averred that the grounds for their application were that their rights to free and fair election in Lagos were being threatened by MC Oluomo’s engagement in the distribution of 2023 election materials in Lagos State.
They said that damages would not be an adequate remedy.
The applicants also averred that it is in the interest of justice to restrain the defendant from taking any steps or further steps that might foist a “fait acompli” on the court in respect of the substantive suit.
The applicants motion was supported by a 26-paragraph affidavit and eight exhibits.
Other reliefs sought by the applicants in the substantive suit include a declaration that the appointment of MC Oluomo-led Lagos State Parks Management Committee by INEC to distribute 2023 election materials and personnel in Lagos violate Sections 26 and 27 of the Electoral Act, 2022.
Aneke held that there was merit in the reliefs sought, and consequently granted same.
“Having gone through the paragraphs in the affidavit, there is merit and the reliefs are hereby granted.
“The matter is adjourned to Feb. 22 for hearing of the substantive suit, and hearing notice is to be served on the respondents immediately” he said
The court, in the order, “restrained National Electoral Commission of Nigeria (defendant/respondent) whether by itself or by its officers, affiliates, servants, privies or agents or any person acting or purporting to act for and on behalf howsoever from taking any steps or further steps whatsoever in furtherance of the engagement or appointment or consummating the appointment of Musiliu Akinsanya, popularly known as MC Oluomo led Lagos State Parks Management Committee or any of its commercial bus drivers to distribute 2023 election materials and personnel in Lagos State pending the hearing and determination of the substantive suit.”
It will be recalled that members of Labour Party and other opposition parties had asked INEC not to engage MC Oluomo for movement of election materials in Lagos.
The opposition parties had argued that MC Oluomo is a member of All Progressives Congress, APC and an ally of Bola Tinubu, the presidential candidate of the party.
They therefore argued that his engagement will compromise the credibility of the forthcoming elections in the state.
But INEC had dismissed the claims that it plans to engage MC Oluomo led Lagos Parks Management Committee for the election.
The Commission said it deals with transporters as individuals and not as a group contrary to the assertion of the opposition parties.
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