Oyo LG Elections: Court Orders Service on INEC, OYSIEC

By Vivian Okejeme

Justice Obiora Egwuatu of the Federal High Court, Abuja, on Tuesday ordered the plaintiff in a suit seeking to halt the local government elections in Oyo State to serve the originating summons on the defendants in the matter.

The plaintiff, Akinloye Olusegun Oyeniyi, had dragged the Oyo State Independent Electoral Commission (OYSIEC) and the Independent National Electoral Commission (INEC) to court, asking it to halt the conduct of the elections.

Justice Egwuatu fixed the case for September 10 for a report on the service of the originating summons on the two defendants in the matter.

In the suit, the plaintiff, through his counsel, Ayo Omoleaupen, asked the court to determine whether, by virtue of Sections 1(1) and 7(1), Paragraph 4(a) of Part II of the Third Schedule to 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 the “verification/screening of candidates.”

He also prayed the court to determine whether Items 6 and 9 of the 1st Defendant’s Revised Timetable and Schedule of Activities for the 2026/2027 Local Government Election in Oyo State, issued on March 4, 2026, are inconsistent with the provisions of Sections 1(1) and 7(1), Paragraph 4(a) of Part II of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended), and Section 153(1) of the Electoral Act, 2026, thereby infringing on the plaintiff’s right to contest and/or vote for candidates of his choice in the 2026/2027 Local Government Election in Oyo State.

The plaintiff prayed the court for a declaration that the 1st Defendant’s constitutional duty is limited to the “verification of documents of nominated candidates” by political parties, in compliance with Paragraph 4(a), Part II of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 153(1) of the Electoral Act, 2026.

He also prayed the court for a declaration that the 1st Defendant lacks the power to conduct the “verification/screening of councillorship and chairmanship candidates” or the “screening of substituted candidates” by virtue of Paragraph 4(a), Part II of the Third Schedule to the Constitution of the Federal Republic of Nigeria (as amended) and Section 153(1) of the Electoral Act, 2026.

He further prayed the court for the following orders:

“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 the official register of voters in Oyo State, certified by the 2nd Defendant, for use by the 1st Defendant for the conduct of Local Government Councils Elections in Oyo State until the 1st Defendant strikes out, cancels and/or annuls Items 6 and 9 of the Revised Timetable and Schedule of Activities for the 2026/2027 Local Government Councils Elections in conformity with Paragraph 4(a), Part II of the Third Schedule to 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 Timetable and Schedule of Activities for the 2026/2027 Local Government Councils Election, which are in contravention of Paragraph 4(a), Part II of the Third Schedule to 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 Ogbomoso in the state, said that if the court allows the elections to be conducted, his interest would be gravely affected.

In the affidavit attached to the originating summons, which he deposed to, Oyeniyi said the defendants/respondents would not suffer any injustice if the reliefs sought by the plaintiff/applicant were granted, as doing so would assist in upholding the rule of law and strengthening democracy.

He said: “The Defendants/Respondents will not lose anything by the grant of this application. I do know that the balance of convenience in this application is in favour of the Plaintiff/Applicant.

“I also know that, by the violation of the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the Electoral Act, 2026 by the Defendants/Respondents, the Defendants/Respondents cannot adequately compensate the Plaintiff/Applicant by damages.

“The grant of this application will not in any way prejudice the interest of the Defendants/Respondents.”