The Ogun State Independent Electoral Commission {OGSIEC} has dragged the state governor, Ibikunle Amosun, to court for what the commission described as illegal and wrongful dissolution.
The chairman of the commission, Kayode Adeleye, and seven other members of OGSIEC, filed a suit at the Abeokuta High Court, challenging the May 31 dissolution of the commission by the governor.
In an originating summons filed by their counsel, Afolabi Fashanu (SAN), the commission members prayed the court to determine whether the governor had powers to dissolve it in line with Sections 197 and 199 of the nation’s 1999 Constitution, as well as Section 7 (1) of OGSIEC law.
The plaintiffs, through their counsel, also sought an injunction restraining the governor from constituting another state electoral commission or appointing anybody in acting capacity until the expiration of their five-year tenure, as guaranteed by the 1999 Constitution and other applicable laws.
… The claimants, therefore, sought a declaration of the court that the purported dissolution of OGSIEC by the governor was “wrongful, illegal, unconstitutional, ultra vires, null and void of no effect whatsoever.”
They also prayed for a declaration that the press release dated May 31, 2011 issued by the defendant conveying the dissolution of the commission to the claimants “is wrongful, unlawful, illegal and unconstitutional.”
Similarly, they asked the court to set aside the purported dissolution and declare them as still in the service of the commission.
The claimants prayed for an injunction restraining the governor and his agents from preventing, harassing, intimidating or obstructing them in any manner whatsoever in the discharge of their constitutional duties until the expiration of their five-year tenure.
However, no date has been fixed for the hearing of the suit.
Full Article: Ogun electoral commission sues Amosun.