The Federal High Court sitting in Lagos yesterday restrained the Independent National Electoral Commission (INEC) from engaging Alhaji Musiliu Akinsanya, popularly known as MC Oluomo or any of the agents, or drivers of the Lagos State Parks Management Committee which he leads, from distributing INEC materials in Lagos State.
Justice Chukwujekwu Aneke made the order following a Motion on Notice brought by the Labour Party and five other plaintiffs/ applicants in Suit No FHC/L/CS/271/2023.
The five others are the Lagos State governorship candidate of the Labour Party, Gbadebo Rhodes-Vivour; his African Democratic Congress (ADC) counterpart, Funsho Doherty; as well as that of the Boot Party, Wale Olumo, while INEC is the defendant/respondent.
After hearing the motion moved by the plaintiffs/applicants’ counsel, Mr. Abbas Ibrahim, Justice Aneke held: “Having gone through the paragraphs in the affidavit, there is merit and the reliefs are hereby granted.
“The matter is adjourned till February 22 for hearing of the substantive suit and hearing notice to be served on the respondent immediately.”
Mr. Ibrahim announced an appearance with Muiz Olabode Shodunke for the plaintiffs/applicants while INEC was not represented.
The plaintiffs/applicants sought the order and others via a motion dated February 15, 2023, signed and filed on their behalf by Ibrahim.
They prayed for an order of interlocutory injunction restraining INEC or any person acting or purporting to act for and on its behalf “from taking any steps or further steps whatsoever in furtherance of the engagement or appointment or consummating the appointment of Musiliu Akinsanya popularly known as MC Oluomo – led Lagos State Parks Management Committee or any of its commercial bus drivers to distribute 2023 election materials and personnel in Lagos State pending the hearing and determination of the substantive suit.
“An order abridging time within which the defendant can file its counter affidavit to the substantive originating summons. And for such other order/ orders as the honourable court may deem fit to make in the circumstances.”
The grounds for their application were that their legal rights to a free and fair election in Lagos State were being severely threatened and that damages would not be an adequate remedy.