Consquent upon the illegal and unconstitutional appointment of Barr. Hashim Akintunde Abioye by the Governor of Osun State, Senator Nurudeen Jackson Ademola Adeleke as the chairman of the Osun State Independent Electoral Commission (OSSIEC) towards the end of the year 2023,the APC, through its counsel, Barristers M. A Kusamotu,R.I.O Oloyede and others filed a legal action before the Federal High Court, Osogbo, Osun State in the suit number FHC/OS/CS/02/2024 to challenge the illegal and unconstitutional appointment of Barr. Abioye who is a bonafide and registered member of the Peoples Democratic Party(PDP) to head the State Electoral Body.
To show the Honourable court that Barr. Hashim Akintunde Abioye is a registered member of the PDP and on which platform he contested an election into Osun State House of Assemby in the year 2019, counsel for APC applied to the Independent National Electoral Commission(INEC) for certified true copy ( CTC) of Barr. Abioye INEC Form CF001 which he filed, signed sworn to before a Commissioner for Oath of the Osun State High Court of Justice. In the certified true copy of the documents released to the APC's counsel, Barr. Abioye attached his membership card of the PDP as No 021,his political ward as ward 06 , Ifelodun Local Government, Ikirun, Osun State and disclosed the office he was contesting for as Ifelodun State Constituency into the Osun State House of Assemby and the political platform on which he was seeking the election and sponsored him as its candidate as PDP.
After filling the case, the presiding Judge handling the case was transferred from Osogbo Judicial Division of the Federal High Court to Bayelsa State Judicial Division of the Court and this caused delay in the case as the new Judge who replaced him firstly settled down to go through all the case files he inherited before assigning dates to them.
Upon giving a new date, the pending motion to amend the plaintiff's Originating Summons, which was opposed to by OSSIEC and its chairman, Barr Hashim Akintunde Abioye was argued on the 14/11/2024 by R. I. O Oloyede Esq and the Honourable Court reserved the ruling on same to 16/01/2025.
In a well considered ruling delivered on the above date, the Honourable Court discountenanced the Counter - Affidavits in opposition to the application and ruled in favour of APC, granting it leave to amend. In a copy of the Amended Originating Summons quickly filed on same 16/01/2025 after the ruling of the court sighted by various news platforms, APC anchors its case on some constitutional provisions which were breached in the illegal and unconstitutional appointment of Barr. Hashim Akintunde Abioye as the chairman of the State Electoral Body.
As cited and argued by the APC's counsel in the case, by virtue of the provisions of sections 197(b) 200(1)(a) of the 1999 Constitution as amended and contained in the First Alteration Act known as Constitutional Act No 1 dated 6th day of July, 2010 , the appointment of Barr. Abioye is illegal and in contravention of the above constitutional provisions which read as follows:
197(1) (b)
" There shall be established for each State of the Federation the following bodies, namely:
---------------------------------------
State Independent Electoral Commission"
200(1)
"No person shall be qualified for appointment as the chairman or a member of the following bodies"
200 (b)
"If he is not qualified or if he is disqualified for election as a member of a House of Assemby, provided that any chairman or member of the said bodies shall not be required to belong to a political party, and in case of the State Independent Electoral Commission, he shall not be a member of a political party"
The APC' s counsel further argued that by the provisions of section 14(2) of same Constitutional Alteration Act as contained in third Schedule to the Constitution, any person to be appointed as the chairman of the INEC at the national level or chairman of the State Electoral Body like ( OSSIEC) in the instant case shall not be partisian as the said section
14(2) provides:
"a member of the commission shall
(a) be non- partisan and a person of unquestionable integrity"
APC' lawyers further stressed that it is an offence for any person who knows that he is a member of a political party or any one with political interest to accept any appointment to serve on the National or State Electoral Bodies as section 8(5) of the Electoral Act, 2022 provides:
" A person being a member of a political party who misrepresents himself not disclosing his membership or connection to any political party in order to secure an appointment with commission, in any capacity, commits an offence and liable on conviction, to a fine of N, 5,000.00 naira or imprisonment for a term not more than two years or both"
The plaintiff' s counsel further maintained that upon disqualification from office of Barr. Hashim Akintunde Abioye , he is to face criminal prosecution for violating the above provisions of section of the Electoral Act
Counsel still argued that in the event that local government elections are conducted before the determination of the case, the court should declare all steps taken by Barr Hashim Akintunde Abioye as OSSIEC chairman from the date of his appointment and resumption of office as a nullity and direct all or any person or group of persons who might have occupied elective political offices through the illegal local government elections or by appointment to vacate their respective offices as the Court possesses the power to give consequential order to give effect to its judgement and counsel relied on the Supreme Court decision in ELIGWE V OKPOKIRI in support of the position of law on judicial power to a consequential order without being expressly asked for but which aim is to give effect to a judgement to remove any illegality.They argued that by non- qualification of Barr Hashim Akintunde Abioye to head the State Electoral Body, no one can put something upon nothing and expect it to stand.
The plaintiff' s counsel further referred the court to sections 153(f) and (156(1) of same First Alteration Act in relation to the National Electoral Body with same provisions that no registered member of any political party shall be appointed as INEC chairman or its commissioners. The plaintiff' s counsel cited various Supreme Court decisions to support the case.
Joined in the case as defendants are : The Attorney General of the Federation and Minister of Justice, the Independent National Electoral Commission (INEC)the Governor of Osun State, the Attorney General of Osun State and Commissioner for Justice, the Speaker of the Osun State House of Assemby, the Osun State House of Assemby, Barr. Hashim Akintunde Abioye, and the Osun State Independent Electoral Commission (OSSIEC)
The plaintiff, among other reliefs is asking the court to declare the appointment of Barr. Hashim Akintunde Abioye unconstitutional with an order setting aside same and removing him from office;an order restraining INEC from releasing voters registers to OSSIEC to conduct local government election until Barr. Hashim Akintunde Abioye is removed from office and OSSIEC is re- consituted; an order restraining the Speaker of the Osun State House of Assemby and the House from accepting from the Governor and screening any other registered member of a political party to be appointed as OSSIEC chairman ; an order directing the AGF and the State AG to guide the Governor on constitutional provisions in the appointment of persons into the State Electoral Body not to appoint any registered member of a political party any more. The case was adjourned to 19/02/2025 for definite hearing
Contrary to the post made on Facebook by Barr. Hashim Akintunde Abioye few months ago that there is no pending case against him as OSSIEC chairmsn, it is a tissue of lies. He is the 7th Defendant in this case and OSSIEC is the 8th Defendant. He cannot survive the thick and strong case against him for constitutional infractions. Barr. Abioye is sitting on a keg of legal gun powder which shall explode very soon. Any person purportedly elected on 22/02/2025 through local government elections to be illegally conducted under the leadership of Barr Hashim Akintunde Abioye only earns a pyrrhic victory which cannot last.
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