Justice Chukwujekwu Aneke of the Federal High Court, Lagos, has granted the prayer of the Labour Party barring the Independent National Electoral Commission, INEC, from utilising the services of the chairman of the Lagos Parks and Garages, Musliu Akinsanya, better known as MC Oluomo from distributing election materials in Lagos.
The court restrained INEC from engaging Mr. Musiliu Akinsanya a.k.a. MC Oluomo-led Lagos State Parks Management Committee, or any of its commercial bus drivers, to distribute 2023 election materials and personnels in Lagos State.
The judge made the interim interlocutory injunction, after listening to Abass Arisekola Ibrahim, lawyer to the applicants in the suit marked FHC/L/CS/271/2023, filed by three political parties and their governorship candidates.
The political parties and their governorship candidates are: Labour Party, African Democratic Congress and Boot Party, and their governorship candidates are: Gbadebo Rhodes-vivour; Funsho Doherty, and Wale Oluwo.
INEC is the only defendant in the suit.
In urging the court for the interim order, applicants counsel, Abass Arisekola Ibrahim, who moved the application with an affidavit of urgency, is brought pursuant to section 13(3) of the federal high court act (CAP Laws Of The Federation Of Nigeria 2004; Order 26 Rules 8 and 9, Order 28 Rule 1(2) of the Federal High Court (Civil Procedure) Rules 2009, and under the court’s inherent jurisdiction.
He also told the court the grounds for orders sought are that his client’s who are plaintiffs/applicants will be severely threatened to free and fair election in Lago State.
The counsel also stated that damages would not be an adequate remedy and that the balance of convenience is in favour of his clients, adding that “It is in the interest of justice to restrain the INEC from taking any step or further steps that may foist a fait acompli on the honour respect of the substantive suit”.
Justice Aneke after listening to the counsel’s submission, held that: “I have listened to the submission of counsel and also perused the motion with affidavit of urgency and grounds for the application. I found merit in the application. The order of interlocutory injunction is hereby granted.”