Court restrains INEC from using MC Oluomo in distributing materials

A Federal High Court in Lagos, on Monday, granted an interim order restraining the Independent National Electoral Commission (INEC) from engaging Alhaji Musiliu Akinsanya in distributing election materials in the state.

Justice Chukwujekwu Aneke granted the order preventing Akinsanya, popularly known as MC Oluomo, or any of his agents from distributing election materials.

The court’s order followed an application by the Labour Party and five other plaintiffs/ applicants.

Other plaintiffs/applicants in the suit No. FHC/L/CS/271/2023 are Gbadebo Rhodes-Vivour, Labour Party Gubernatorial Candidate for Lagos State; African Democratic Congress, Funsho Doherty, Boot Party and Wale Olumo

INEC is the defendant/respondent.

In the motion dated Feb. 15 and filed by their counsel, Mr Abbas Ibrahim, the applicants prayed for an interlocutory injunction restraining INEC from taking any steps in the appointment of MC Oluomo-led Lagos State Parks Management Committee to distribute 2023 election materials pending determination of a substantive suit on the issue.

They also sought an order abridging time within which the defendant/respondent would file a counter-ffidavit to the substantive suit.

The plaintiffs also prayed for other orders as the court might deem fit to make in the circumstance.

The applicants averred that the grounds for their application were that their rights to free and fair election in Lagos were being threatened by MC Oluomo’s engagement in the distribution of 2023 election materials in Lagos State.

They said that damages would not be an adequate remedy.

The applicants also averred that it is in the interest of justice to restrain the defendant from taking any steps or further steps that might foist a “fait acompli” on the court in respect of the substantive suit.

The applicants’ motion was supported by a 26-paragraph affidavit and eight exhibits.

Other reliefs sought by the applicants in the substantive suit include a declaration that the appointment of MC Oluomo-led Lagos State Parks Management Committee by INEC to distribute 2023 election materials and personnel in Lagos violate Sections 26 and 27 of the Electoral Act, 2022.

Aneke held that there was merit in the reliefs sought, and consequently granted same.

“Having gone through the paragraphs in the affidavit, there is merit and the reliefs are hereby granted.

“The matter is adjourned to Feb. 22 for hearing of the substantive suit, and hearing notice is to be served on the respondents immediately” he said.