The Osun State Chapter of the All Progressives Congress (APC) says it is examining a Federal High Court judgment that dismissed its suit challenging the appointment of the chairman of the Osun State Independent Electoral Commission (OSSIEC).
The party, in a reaction on Friday, said it would determine its next course of action after reviewing the ruling.
Justice Adefunmilola Demi-Ajayi of the Federal High Court sitting in Osogbo dismissed the suit filed by the APC against Mr Hashim Abioye, chairman of the Osun State Independent Electoral Commission, citing lack of jurisdiction.
In the amended originating summons dated January 16, 2025, the APC argued that Abioye was a card-carrying member of the ruling Peoples Democratic Party and therefore ineligible to serve as OSSIEC chairman.
Apart from Abioye, the suit listed the Attorney General of the Federation, the Independent National Electoral Commission, the Attorney General of Osun State, Governor Ademola Adeleke, the Osun State House of Assembly, its Speaker, Adewale Egbedun, and OSSIEC as defendants.
The APC asked the court to restrain Abioye from acting as OSSIEC chairman and sought a declaration that Governor Adeleke could not nominate him to the position.
In her ruling, Justice Demi-Ajayi held that the suit was incompetent because the Osun State House of Assembly, listed as the sixth defendant, was not served the mandatory three-month pre-action notice as required by law.“
The court can conclude and determine that the 6th defendant, Osun State House of Assembly, ought to have been served the requisite three-month pre-action notice by the plaintiff as a party to the suit to enable the suit to be competent and enable the court assume jurisdiction of the matter,” the judge ruled.
She added that failure to comply with Section 21 of the Osun State House of Assembly (Powers and Privileges) Law 2017 rendered the suit defective, upholding the preliminary objection and dismissing the case for lack of jurisdiction.
Reacting to the judgment, Abioye said the decision had reaffirmed his position and validated all actions taken by the commission under his leadership.“I thank God for this, yet another great victory.
With this latest court decision, all legal battles against my humble self, my Commission, and all that I have done as the Chairman of OSSIEC have been laid to rest,” he said.
Abioye also praised the judiciary, saying, “Justice has been duly served, and I give kudos to the judiciary for this yet another masterpiece—not because it went in our favour, but because justice was manifestly served and due process upheld.”
However, the Director of Research and Publicity of Osun APC, Kola Olabisi, said the party was yet to take a final position.“We are studying the judgment. We are studying the judgment before the next step will be decided,” he told PUNCH Online.
