A Federal High Court in Lagos on Monday granted an interim order restraining the Independent National Electoral Commission (INEC) from engaging Alhaji Musiliu Akinsanya to distribute election materials in the state.
Justice Chukwujekwu Aneke ordered Akinsanya, popularly known as MC Oluomo, or his agents from distributing election materials.
The court order followed an application by the Labor Party and five other plaintiffs/applicants.
The other plaintiffs/applicants in suit No. FHC/L/CS/271/2023 are Gbadebo Rhodes-Vivour, Labor Party Governorship Candidate for Lagos State; African Democratic Congress, Funsho Doherty, Boot Party and Wale Olumo
INEC is the defendant/respondent.
In a motion dated February 15 and filed by their counsel, Mr. Abbas Ibrahim, the applicants prayed for an interlocutory injunction restraining INEC from taking any steps on the appointment of the Lagos State Park Management Committee chaired by MC Oluomo to distribute materials for the pending 2023 election. of the substantive claims on the issue.
He also asked for a short period of time in which the defendant/respondent will file a counter-affidavit to the substantive claim.
The plaintiffs also prayed for other orders as the court may deem appropriate in the circumstances.
The applicants stated that the reason for the application is that their rights to a free and fair election in Lagos are threatened by the involvement of MC Oluomo in the distribution of 2023 election materials in Lagos State.
He said damages would not be an adequate remedy.
The applicant also averred that it is in the interest of justice to restrain the accused from taking any step or further steps that can foist a “fait acompli” in court in the matter that corresponds to the substantive.
The applicant’s motion is supported by a 26-paragraph affidavit and eight exhibits.
Other relief sought by the applicants in the substantive suit include a declaration that the appointment of the Lagos State Park Management Committee led by MC Oluomo by INEC to distribute materials and personnel for the 2023 election in Lagos is in violation of Sections 26 and 27 of the Electoral Act, 2022.
Aneke had merit in the relief he sought, and it was granted.
“After going through the paragraphs in the affidavit, there is merit and the relief is granted.
“The matter is adjourned until February 22 to hear the substantive claim, and notice of the hearing should be sent to the respondent immediately,” he said.