Court dismisses APC suit against OSIEC chair

By Shina Abubakar, Osogbo

A Federal High Court sitting in Osogbo has dismissed a suit filed by the Osun State chapter of the All Progressives Congress, APC, against the appointment of Barrister Hashim Abioye as chairman of the Osun State Independent Electoral Commission, OSSIEC.

The APC had in the amended originating summons dated January 16, 2025, challenged Abioye’s appointment as OSSIEC chairman, alleging that he is a card-carrying member of the Peoples Democratic Party, PDP.

Joined in the suit as defendants were the Attorney General of the Federation, Lateef Fagbem, SAN, the Independent National Electoral Commission, the Attorney General of Osun State, Jimi Bada, SAN, Osun State Governor, Ademola Adeleke, the Osun State House of Assembly, the Speaker, Adewale Egbedun and OSSIEC.

In the originating summons, the plaintiff asked the court to stop Abioye from parading himself as chairman of the electoral body.

The APC also sought a declaration that the governor cannot forward the name of Abioye as a bona fide member of his party as OSSIEC chairman.

Delivering judgment on the suit, Justice Adefunmilola Demi-Ajayi dismissed the APC suit for lack of jurisdiction.

The judge said the APC failed to serve the Osun State House of Assembly the requisite three-month pre-action notice, which would have enabled the suit to be competent and allow the court jurisdiction of the matter.

According to section 21 of the Osun State House of Assembly (Powers and Privileges) Law 2017, a person with a cause of action against the Legislative House must serve a three-month written notice to the Clerk of the House, disclosing the cause of action and relief sought.

Justice Demi-Ajayi said, “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.

“Having not done so, the entire suit cannot be constituted successfully or prosecuted in the absence of the 6th defendant, Osun State House of Assembly.

“Preliminary objection against the institution of the 6th defendant, Osun State House of Assembly, without compliance with the provision of Section 21 of the Osun State House of Assembly (Powers and Privileges) Law 2017, for the service of a three-month pre-action notice to the 6th defendant is upheld.

“Therefore, the amended originating summons is found to be incompetent and dismissed for lack of jurisdiction.”

While the plaintiff was represented by R. Oloyede, Abioye was represented by Barrister Maruf Adediran.

Reacting to the judgement, Barrister Abioye said the decision has laid to rest all legal battles against him, the Commission and all he has done as the Chairman of OSSIEC.

The OSSIEC boss lauded the judiciary and his legal team, adding that justice was manifestly served and due process upheld.

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