A Federal High Court in Ibadan has fixed Thursday for ruling on an application challenging the conduct of the local government council election in Oyo State for lack of jurisdiction.
Justice Joyce Abdulmaleek had earlier granted an injunction restraining the Oyo State Independent Electoral Commission (OYSIEC) from going ahead with the conduct of the election slated for Saturday.
At the resumed hearing on Tuesday, Mr Seun Abimbola, the Oyo State Attorney-General and Commissioner for Justice as well as counsel to the defendants, prayed the court to strike out the plaintiffs’ claims.
He also asked the court to set aside its earlier injunction restraining OYSIEC from carrying on with the conduct of the election, pending the determination of the suit.
Abimbola contended that the originating summon of the plaintiffs was incompetent because it was not followed by any written address.
“My lord, the originating summon ought not to have been admitted at the registry in the first place due to the fact that no written address was attached to it.
“My lord, Section 11 Cap 154 of the Oyo State Law 2000 gives OYSEC the power to create new wards which the second defendant has exercised.
“Moreover, there is no part of Section 251 of the constitution that gives the Federal High Court jurisdiction to determine any dispute arising from Local Government law.
“OYSIEC has not created any polling unit, but has exercised its power to create wards,” the attorney-general said.
But the counsel to the plaintiffs, Mr Solomon Adeseun, said that the argument of the defence counsel was incorrect.
Adeoseun prayed the court to dismiss all submission made by the defendants.
