Courts Sack Ekiti SIEC, LG Election Postponed; We’ll Abide By Courts’ Decision - Govt - We’ve Been Vindicated, says AC

Dapo Falade, Ado-Ekiti with Agency Report - 05.07.2008

THE controversies surrounding the constitutionality or otherwise of the recently constituted Ekiti State Independent Electoral Commission (SIEC) was on Friday put to rest as the commission was declared illegal by two High Courts sitting in Ado–Ekiti, the state capital.

The state chapters of the Action Congress (AC) and the Progressive People’s Party (PPA) had gone to court to challenge the constitution of the SIEC, particularly as regards the screening of its members by six People’s Democratic Party (PDP) legislators in the state House of Assembly last April.

Seeking to stop the SIEC from conducting the forthcoming local council polls in the state, the AC filed its suit before Justice Olufemi Akeju of the Ado-Ekiti High Court 4, while the PPA filed its own before Justice Ayodeji Daramola of High Court 5, with the defendants in the suit being the PDP lawmakers, the SIEC members and the state governor, Mr. Segun Oni.

Overruling the defendants’ objection that his court had no jurisdiction over the matter, Justice Akeju, said the issue in question related to the Constitution and the Standing Rule of the State House of Assembly, hence, the case could be heard under originating summons instead of the motion which the defendants were opposed to.

He further said that the AC lawmakers were in order by bringing the case under originating summons since it required the court of law to interpret the activities of the PDP lawmakers to ascertain its conformity with the Standing Rules of the state House of Assembly and the Constitution.

“All activities of the House of Assembly must be conducted in line with the Constitution of the Federal Republic of Nigeria which they have all sworn to uphold and the confirmation of the SIEC members has to be done by the resolution of the House of Assembly,” he said.

Stating that all proceedings of the state Assembly must take place within parliamentary hours, he said from the documentary evidence tendered by the defendants, the PDP members sat for only 11 minutes outside the parliamentary period as prescribed by the Standing Rule.

He also ruled that the SIEC members should stop parading themselves as such and that the state governor should stop giving them further recognition, adding that since they were not lawfully screened, the law cannot allow them to function as such.

In another ruling on the suit filed by the PPA on the same matter, Justice Ayodeji Daramola of High Court 5, Ado Ekiti, also declared that the clearing of the SIEC by the PDP lawmakers was unconstitutional and unlawful and consequently granted an order of injunction restraining the state governor from recognising the SIEC members.

Another order restraining the SIEC members from parading themselves as members of the electoral body pending the time a proper screening would be conducted was equally granted, but no cost was awarded.

Supporters of the AC and PPA and those of other political parties in the state went into wild jubilation in the court premises, rendering praise worship songs, thanking God that the judiciary had restored sanity to Ekiti State.

Meanwhile, the Governor Segun Oni-led administration had pledged to abide by the courts’ decision(s). Addressing newsmen shortly after the judgment, the state Attorney-General and Commissioner for Justice, Mr. Gboyega Oyewole, said: “We are aware of the judgment by the two courts. Our position is absolute respect for the rule of law and we have absolute confidence in the judiciary. We have always been obedient to court orders and these too will not be an exemption. The position of the state executive council is that we are going to comply fully and we will not appeal the judgment.”

In the same vein, the Speaker of the Ekiti State House of Assembly, Honourable Femi Bamisile, said that the Assembly would abide by the judgment of the court, but added that the SIEC list would be re-presented to the House for screening and reconfirmation.

In his own reaction, the state chairman of the AC, Mr. Jide Awe, said that his party had been vindicated by the two rulings, adding, “Once again, the rule of law has been demonstrated in Ekiti State this morning (Friday) when two judgments were simultaneously given in respect of the unconstitutionality of the SIEC.

Also addressing newsmen, the state chairman of the All Progressive Grand Alliance (APGA), Pastor G.A. Jegede, commended the bravery of the two judges, Justices Akeju and Daramola, whom he said made a judicial pronouncement that was pro-people, not minding what would be the reaction of the state government on the rulings.

In a telephone interview with the News Agency of Nigeria (NAN), the SIEC Chairman, retired Major-Gen. Kayode Oni, said that the commission would abide by the decision of the court.

“The SIEC will abide by the court judgment and everybody will now go back to the drawing board. “I want to say that events have overtaken our earlier decision to hold the elections on August 2,” he added.