Kwara local govt poll: Court rules tomorrow on APC/KWSIEC suit

Date: 2013-10-24

An Ilorin High Court yesterday reserved ruling till tomorrow on an injunction filed by the All Progressives Congress (APC) to stop the conduct of Saturday's local government election in the state.

APC is praying the court to restrain the Kwara State Independent Electoral Commission (KWSIEC) from conducting the October 26 poll because the party said it is an illegality.

In his motion on notice supported by a 10-page paragraph affidavit, the counsel to the APC, Mr. Deji Gbadeyan, sought"an order of injunction of the court restraining KWSIEC (first defendant) from conducting any election on October 26 into the various Kwara State local governments when a matter challenging the validity, legality and the constitutionality of the proposed election is sub judice and pending before the court for determination".

APC is also seeking"an order restraining the Peoples Democratic Party (PDP), Labour Party (LP), Peoples Democratic Movement (PDM) and Independent Democrats – the second, third, fourth and fifth defendants – from holding out themselves or preventing themselves or participating in the October 26 proposed local government election when the validity of their participation is a sub judice".

Gbadeyan averred that "KWSIEC, which is a party before the court, should respect the court of law by not foisting a fait accompli situation on the court when the matter has already been adjourned till November 7, 2013 by the presiding judge".

Justice Kawu adjourned the matter till tomorrow for ruling.

The crisis rocking the ruling Peoples Democratic Party (PDP) has worsened, with the national headquarters of the party disowning the candidates presented to the Kwara State Independent Electoral Commission (KWSIEC) for Saturday's local government election.

The candidates were reportedly presented by the Senator Bukola Saraki faction of the"outlawed" new PDP.

This is the latest twist in a law suit filed by three PDP members in Kwara State, requesting the court to stop the local government poll because no primary was conducted, as the party's constitution stipulates. The PDP national secretariat is the first defendant in the suit filed by Alhaji Ademola Yusuf, Alhaji Adebayo Jimoh and Prince Haliru Dantosho Mahmoud. Other defendants include Saraki, Kwara State chairman of the party, Ishola Fulani, KWSIEC, Inspector-General of Police, Director-General of the State Security Service (SSS) and the candidates.

An affidavit deposed to by Babajide Omokore, a lawyer from the law firm of Abiodun Dada and Co. with the consent of the PDP National Legal Adviser, Victor Kwon, said in paragraph K that"the fourth to the 18th defendants are not known as candidates of the first defendant into the local government election or any other elections".

Omokore, who presented a signed letter from Kwon to confirm that he was acting on behalf of the national secretariat of the PDP, said the party was not"officially" aware that a local government poll was due in Kwara, much less approve any list of candidates as the party's constitution stipulated.

The October 17 affidavit reads:"That it was brought to the notice of the first defendant that local government election is about to be held in Kwara State via the publication in the national dailies; that the foundation for the conduct of same local government election is the conduct of primary by all the interested candidates.

"That no primary was conducted by the first defendant in Kwara State to warrant the conduct of local government election by the 19th defendant (KWASIEC); that as a matter of fact, it is the responsibility of the national executive committee to formulate guidelines and regulations for the nomination of candidates for election into public offices at all levels including all the local government council in Kwara State.

"That as a matter of fact, the national executive committee of the 1st defendant shall send representatives to the state and monitor the conduct of such primary; that the first defendant's executives at the state level will in turn send the names of successful candidates at the primary to the national executive committee who will in turn send same to the 19th defendant endorsed by the national chairman and secretary of the first defendant.

"That all the above stated procedure for the conduct of primary by the state executive committee of the first defendant in Kwara State was not followed.

"That as a matter of fact, the fourth to the 18th defendants are not known as candidates of the first defendant into the said local government poll or any other elections."

The court adjourned the hearing till Monday.

Source

 

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