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OSSIEC Judgment - Court Decline Jurisdiction To Entertain Suit



Justice F.E Awolalu of Court 2 High Court of Justice Osogbo today dismissed the case instituted against the Osun State Independent Electoral Commission (OSIEC) and ten others which include the State Governor, Atttorney General and Commissioner for Justice and others.

The case was instituted by Hon. Akanfe Atidade, Ademola Abioye, Hon, Mutiu Abiola, Hon. Segun Amure Lawrence for themselves and on behalf of Chairmen and Counsellorship aspirants of the People Democratic Party and Accord Party in the State.

Delivering her judgment, Justice Awolalu considered the issues raised by the plaintiff by way of originating summon and preliminary objections raised by the defendants before finally dismissing the case of the plaintiff in its entirety.

The court dismissed the case which was instituted against the OSSIEC , the Governor of the State of Osun, the House of assembly and the Attorney General and Commissioner for Justice among others.

The court found that the issue in the suit related to the pending appeal in the Supreme Court, APPEAL NO SC/102/2013 between Hon. Justice Titus Adewuyi Oyeyemi (rtd) and five others versus Hon. Timothy Owoeye and others which is on the dissolution of OSSIEC and the subsequent appointment, screening, confirmation and inauguration of the chairmen and members of the OSSIEC  by the Governor and the House of Assembly, in view of the judgment of the high court delivered by Justice Falola in suits NO HOS/M8/2011 and HOS/M9/2011 which considered and uphold the impracticability of conducting local government election in the State of Osun pending appeal at the Supreme Court .

Part of the prayer raised by the plaintiffs include the declaration of the appointment, screening, confirmation and inauguration of the chairmen and members of OSSIEC unconstitutional, absurd and a violation of the rule of law and to set it aside.

They also wanted the court to declare that the conduct of a local government election in the thirty local governments of Osun and Area Office, Modakeke is not feasible.

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