A Federal High Court in Lagos on Friday dismissed a suit by nine politicians challenging the recently held election into the 20 Local Government Areas (LGAs) and 37 Local Council Development Areas (LCDAs) in Lagos State for lacking in merit.
Justice Akintayo Aluko upheld the arguments of Mr Kemi Pinheiro (SAN) and the Lagos State Attorney-General, Monsuru Onigbanjo (SAN), that apart from the suit lacking in merit, the plaintiffs had no locus standi whatsoever to institute same.
The Lagos State Independent Electoral Commission (LASIEC) and the State’s House of Assembly were the defendants.
The plaintiffs, through their counsel Abdulmalik Bello, had prayed for an order of perpetual injunction restraining LASIEC from holding or conducting the July 24, 2021 elections into the 20 LGAs and 37 LCDAs or any other number of LGAs in excess af the 20 constitutionally created and validly recognised LGAs
They sought a perpetual injunction restraining LASIEC from organising or undertaking to hold local councillorship elections In excess af the legally recognised 245 wards in Lagos State.
They also prayed for, among others, an order “quashing any law previously made and about to be made by the Lagos State House of Assembly inconsistent with the provision of the 1999 Constitution on the basis of 20 Local Government Areas and 37 Local Council Development Areas… in excess of the 20 constitutionally created and validly recognised Loca! Gevernment Areas.”
But the defendants, through Pinheiro and Onigbanjo filed a preliminary objection and prayed the court to dismiss the suit.
Upholding their prayers, Justice Aluko held: “The subject matter in the Plaintiffs’ case is a general interest common to all registered members of the public in Lagas State, particularly on the right to yote or be voted for. The right to vote or be voted for is a general public interest common to all registered members in the state and not peculiar, personal or private to the Plaintiffs
“Furthermore, the Plaintiffs’ affidavit evidence did not reveal which of the Local Government Areas they come from or whether their wards fall within the alleged balkanised 20 Local Government Areas or 37 Local Council Development Areas. There is no credible evidence to show that the Plaintiffs are registered voters or restdents in the state.
“This goes to affect their locus standi and also establishing the fact that the rights to vote and be voted for which the Plaintiffs seek to protect is not their personal, or private right but rather a public right common to all,
“Coming from the foregoing, I hold the considered view that the reliefs of the Plaintiffs as endorsed on the originating summons are not covered by the provision of section 251(1) of the Constitution and that upon examination of the claims and affidavit of the Plaintiffs, they do not have the requisite locus standi or legal capacity the institute this suit.
“As a result of this, the lone issue regarding the jurisdiction of the court to entertain the instant action is resolved in favour of the objectors against the Plaintiffs.
“Consequently, I hold that there is merit and substance in the objections raised vide the notices of preliminary objection.
“The preliminary objections of the Defendants hereby succeed and are sustained. This suit is accordingly struck out. I make no order as to cost”.
THE NATION
