Updated: Court Strikes Out APC Case Challenging Abioye’s Appointment As OSSIEC Chairman
•Justice Duly Served, All Legal Battles Now Laid To Rest – OSSIEC Boss
A Federal High Court sitting in Osogbo has dismissed a suit filed by 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, the Independent National Electoral Commission, Osun State Governor, the Attorney General of Osun State, 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, being a bona fide member of his party, as OSSIEC chairman.
Delivering judgment on Thursday, 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 be competent and allow the court jurisdiction on the matter.
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.
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“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.”
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.
“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 including the election conducted by the Commission under my leadership on 22nd February, 2025, have been laid to rest.
“We won against the police’s breach of our fundamental rights and illegal sealing of our office. The local government election conducted in February last year was validated by the Court, and now the last one, the legitimacy and legality of my appointment which has also now been decided in our favour. I can only say Alhamdulillah. 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. I will forever be grateful to our legal team,” Abioye stated.
Olamilekan Adigun is a graduate of Mass Communication with years of experience in journalism embedded in uncovering human interest stories. He also prioritises accuracy and factual reportage of issues.
