LG Election: Osun APC and 19 Candidates Sue OSSIEC and Governor Adeleke, Seek to Nullify Election

The All Progressives Congress (APC) in Osun State, alongside 19 of its candidates for the upcoming local government elections, has filed a lawsuit against Governor Ademola Adeleke and the Osun State Independent Electoral Commission (OSSIEC). The action comes in response to various allegations concerning the validity of the upcoming local government elections scheduled for February 2025.

In Suit No. Hos/184/2024, the claimants are contesting a series of legal infractions they believe compromise the integrity of the electoral process. The suit names Governor Adeleke and Barrister Oluwole Jimi-Bada, the State Attorney General and Commissioner for Justice, as co-defendants.

The controversy began when OSSIEC Chairman Barrister Hashim Abioye disqualified several APC candidates from participating in the election, a decision met with strong opposition from the party’s leadership. In the originating summons, the claimants, represented by counsel Muhydeen Adeoye, expressed dissatisfaction with the conduct of the state electoral commission throughout the electoral process.

The legal questions raised by the claimants include:

1. Constitutional Validity: They are challenging whether the failure of the defendants to establish a Local Government and Area Council Election Tribunal constitutes a wrongful omission that renders all activities related to the upcoming elections illegal and void.
2. Amendment of Election Notices: The claimants question whether OSSIEC has the legal authority to amend an election notice that was previously issued and published on February 19, 2024, and whether such amendments are valid given the requirements under the Osun State Independent Electoral Commission Law, 2022.
3. Invalidity of Amended Notices: They argue that the amended notice relied upon by OSSIEC to exclude the claimants from the election is invalid due to non-compliance with the stipulated notice period as mandated by law.

The claimants are seeking several declarations from the court, including that the actions taken by OSSIEC since July 22, 2024, are illegal and have deprived them of their rights to contest the elections. They are also requesting damages amounting to One Hundred Million Naira (₦100,000,000) for the public embarrassment and trauma caused by the electoral commission’s actions.

The outcome of this case could have significant implications for the local government elections in Osun State, particularly regarding the participation rights of candidates and the overall integrity of the electoral process.