The Federal High Court sitting in Lagos has granted an order restraining the Independent National Electoral Commission, INEC, from engaging, using, or further dealing with the Chairman of the Lagos Parks and Garages, Musiliu Akinsanya, better known as MC Oluomo, in the distribution of election materials and ad-hoc staff for the forthcoming polls in the state.
The injunction was granted by Justice Chukwujekwu Aneke following an application filed by the Labour Party, LP, and its gubernatorial candidate in Lagos state, Gbadebo Rhodes-Vivour.
Apart from the Labour Party and its governorship candidate in the state, Gbadebo Rhodes-Vivour, the other political parties who filed the application are: African Democratic Congress and its candidate, Funsho Doherty and the Boot Party, and its candidate, Wale Oluwo.
INEC who is the only defendant in the suit was absent at the proceedings even though the lawyer representing the parties, Abass Arisekola told the court that the commission was served with the court papers.
In urging the court to grant the interim order, the applicants counsel, moved the application with an affidavit of urgency, brought pursuant to section 13(3) of the Federal High Court Act, 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 also told the court the grounds for orders sought includes the fact that his client’s who are plaintiffs/applicants will be severely threatened by a lack of free and fair elections in Lagos State, adding that “It is in the interest of justice to restrain INEC from taking any step or further steps that may foist a fait accompli on the substantive suit”.
After listening to the counsel, Justice Aneke held that: “I have listened to the submission of counsel and also perused the motion with affidavit of urgency and the grounds for the application.
“I found merit in the application. The order of interlocutory injunction is hereby granted.”
After the court granted the interim order, the applicants’ counsel pleaded for an abridgement of time to hear the substantive suit, because of the fast approaching elections.
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 INEC.
