AC asks court to declare Ekiti electoral body illegal

AHEAD of the Ekiti State council polls, the Action Congress (AC) in the state at the weekend challenged the composition of the State Independent Electoral Commission (SIEC) at an Ado-Ekiti High Court, asking it to declare the electoral body as presently constituted illegal.

The suit may put the proposed polls in the state jeopardy as the party is asking the court to stop the electoral commision from going ahead with the election.

Plaintiffs in the suit filed are the state AC Chairman, Mr. Olajide Awe and the AC. The respondents in the suit filed on behalf of the party by Chief Tony Adeniyi are the State House of Assembly, the clerk, all the 26 lawmakers, the governor of Ekiti State, the attorney-general and commissioner for justice, the SIEC and its four members.

The plaintiffs in the suit contended that the four members of the commission lack the power to run the electoral agency. It therefore asked the court to determine:

• Whether by the virtue of Section 197 (1a) and (2) of the 1999 Constitution and paragraph 3 (a) (b) of the Third Schedule of the said constitution, the 31st defendant (SIEC) is properly constituted by the 1st-30th defendants.

   

• Whether by virtue of Rule 54 (5) of the Standing Order of the House of Assembly, the deliberation by 1st-28th and subsequent consideration, debate, screening and clearance given to Maj-Gen. Kayode Oni (rtd), Babatunde Odutola, Sesan Akinola, Tayo Awopeju as chairman and members of SIEC when there was a pending suit by the National Conscience Party (NCP) was lawful, legal and constitutional.

   

• Whether the swearing-in and administration of the oath of office on the four SIEC chiefs who are the 32nd -35th defendants by the 29th defendant (the governor) was constitutional and valid, saying it was done upon the flawed and unlawful clearance given to them by the 3rd-28th defendants (the state legislators).

   

• Whether the meeting of the four cleared and sworn in members of SIEC wherein guidelines including the date for the council polls was deliberated lawful, constitutional, valid and not void.

  The reliefs sought by the plaintiffs include an order annulling the said screening, clearance, confirmation, approval and swearing-in into office of the 32nd-35th defendants as chairman and members of SIEC by the State House of Assembly members, among others.

  Also, as the state prepares for the forthcoming council polls, the National Orientation Agency (NOA) has asked parents to caution their wards to prevent them from being used by politicians to perpetrate violence during and after the polls.

  State Director of NOA, Mr. Dele Morakinyo, in a statement at the weekend also warned politicians not to see the council polls as a do-or-die affair, saying they should refrain from any act that could lead to chaos and make the state ungovernable.

  The State Independent Electoral Commission has scheduled the council polls for December 20, while it is yet to roll out the election guidelines.

  But one of the major political parties in the state, Action Congress, has said it would not participate in the election, pointing out that the electoral commission was not properly constituted to conduct any election.