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A human right activist, Barrister Kanmi Ajibola, on Monday, asked Osun State High Court, sitting in Ilesa to declare as unconstitutional and illegal the electoral law which proposed a parliamentary system for the January 26, 2018, local government election in Osun state.


Joined as co-defendants in the suit include Governor Rauf Aregbesola, Osun State House of Assembly, Osun State Independent Electoral Commission (INEC), and eight political parties.

Besides, the lawyer stated that the makers of the law, “State of Osun House of Assembly” and the person who signed it “Governor of the State of Osun” and the law itself “State of Osun Local Government Areas (creation and administration) Law, 2015” upon which the processes of the election are based are strangers to the 1999 constitution and are non-existing.

According to the suit filed today at the State High Court, Ilesa Judicial Division, Kanmi contended in a 56-paragraph affidavit that he was billed to contest the chairmanship under the platform of Peoples Democratic Party (PDP) and was already adopted as a sole candidate in Oriade Local Government.

In his originating summons, Ajibola sought for 13 reliefs and these include a declaration that the “State of Osun Local Government Areas (creation and administration) Law, 2015” and “State of Osun Local Government Areas (creation and administration) amendment (No.1) Law, 2017” having been enacted by the legislative body that is not known to the constitution and for the State not known to the 1999 constitution, and having been assented to by the governor in that manner, they are as such illegal and unconstitutional.

He wanted the court to set aside the “State of Osun Local Government Areas Law, 2015” and “State of Osun Local Government Areas  amendment (No.1) Law, 2017 ”having been enacted by the legislative body that is not known to the constitution and for the state not known to the 1999 constitution of the Federal Republic of Nigeria.

Similarly, other reliefs sought by Ajibola include a declaration that “the 1999 Constitution having been modelled on the presidential system of Government, it is unlawful and unconstitutional for the 1st and 2nd defendants, by legislation, to introduce a parliamentary system of Government into the election and administration of the Local Government in Osun State”.

*A Declaration that section 12 of the “State of Osun Local Government Areas (creation and administration) Law, 2015” is illegal and unconstitutional. An Order setting aside Section 12 of the “State of Osun Local Government Areas (creation and administration) Law, 2105” being illegal and unconstitutional. A Declaration that, until validly amended in consonance with the 1999 constitution of the Federal Republic of Nigeria (as amended), the totality of the Local Government (Administration) Law CAP 72A, Vol. 4, Laws of Osun State 2002 is validly in operation.

*An Order prohibiting the 3rd Defendant from conducting the Local Government election under the Local Government (Administration) Law, Cap 72A, Vol. 4, Laws of Osun State 2002 (in its presently amended status), “State of Osun Local Government Areas (creation and administration) Law, 2015” and “State of Osun Local Government Areas (creation and administration) amendment (No.1) Law, 2017”.

*An Order prohibiting the 4th to 11th Defendants from participating in any Local Government election to be conducted by the 3rd Defendant under the Local Government (Administration) Law, Cap 72A, Vol.4, Laws of Osun State 2002 (in its presently amended status), “State of Osun Local Government Areas (creation and administration) Law, 2015” and “State of Osun Local Government Areas (creation and administration) amendment (No.1) Law, 2017.”

*A Declaration that the present membership composition of the Osun State Independent Electoral Commission (OSIEC), that is, the 3rd Defendant, is partisan and unconstitutional. An Order dissolving the present membership of the Osun State Independent Commission, that is, the 3rd defendant.

However, no date has been fixed for the hearing of the matter.



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