Lagos High Court restrains INEC from using MC Oluomo to distribute election materials
The Federal High Court in Lagos on Monday granted an order of interlocutory injunction restraining the Independent National Electoral Commission (INEC) from engaging the services of the Lagos Parks and Garages Management Committee led by Musliu Akinsanya, also known as MC Oluomo, to distribute election materials in the state.
Justice Chukwujekwu Aneke granted the interim injunction after pending the hearing and determination of a suit filed by the Labour Party (LP) and five others.
Other applicants in the suit are LP’s Lagos State governorship candidate, Gbadebo Rhodes-favour, African Democratic Congress, its Lagos State governorship candidate, Funsho Doherty, Boot Party and its governorship candidate, Wale Oluwo.
They listed INEC as the sole respondent in the suit.
While moving the interim application, the applicants’ counsel, Abass Ibrahim, submitted that if INEC is allowed to engage Lagos Parks and Garages Management Committee it would be a severe threat to a free and fair election in Lagos State.
The lawyer also argued that damages would not be an adequate remedy for the action and that the balance of convenience favours his clients.
He further stated that “It is in the interest of justice to restrain the INEC from taking any step or further steps that may foist a fait accomplice on the honour court in respect of the substantive suit.”
After listening to the lawyer, Justice Aneke held, “I have listened to the submission of counsel and also perused the motion with an affidavit of urgency and grounds for the application. I found merit in the application. The order of interlocutory injunction is at this moment granted.”
After granting the interim order, the applicants’ counsel pleaded with the court for the abridgement of time to hear the substantive suit because of the time of the elections.
Justice Aneke granted the application for abridgement of time and then adjourned the substantive suit to February, 22 to give the applicants time to serve all the processes in the case on the INEC.
The judge also ordered that a hearing notice be issued and served on the INEC.
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The applicants, in an affidavit filed in support of the motion on notice for interlocutory injunction, which was deposed to by their lawyer, averred that the Lagos State Government in April 2022 (less than one year before this election) set up a committee known as the Lagos State Parks Management Committee to oversee the affairs of all commercial bus drivers, motor parks and garages in the state, at the same time abolishing the activities of the National Union of Road Transport Workers (NURTW) in the state.
And that before April 2022, NURTW was the central controller and manager of Lagos State commercial bus drivers, garages and motor parks.
The deponent stated that upon establishment of the Lagos State Parks Management Committee, Governor Babajide Sanwo-Olu, the incumbent and Gubernatorial Candidate of the APC, allegedly appointed a popular thug, Musiliu Akinsanya, popularly known as MC Oluomo, who is a strong supporter of the APC, the APC Gubernatorial Candidate in Lagos and APC Presidential Candidate in Nigeria as the Chairman of the committee, showing his support for APC, its Gubernatorial and Presidential Candidates.
He stated that he is aware that on 12 January 2023, the Musiliu Akinsanya, popular as MC Oluomo-led Lagos State Parks Management Committee, wrote to the defendant to offer logistics solutions to distribute election materials and personnel in Lagos State.
The letter was received by Defendant on 16 January 2023. Shown to me and marked Exhibit 2 is the said letter dated 12 January 2023. And what’s in the national dailies that the defeat, and had appointed the Musiliu Akinsanya, popularly known as MC Oluomo-led Lagos State Parks Management Committee, to distribute election materials and personnel in Lagos.
The deponent stated that on Tuesday, 7 February 2023, Olusegun Agbaje, the INEC’s Resident Electoral Commissioner in Lagos State, confirmed during the Inter-Agency Consultative Committee on Election Security (ICCES) meeting at INEC that they had no choice but to work with the MC Oluomo-led Lagos State Parks Management Committee.
He stated further that he knew that Musiliu Akinsanya, popularly known as MC Oluomo, was a card-carrying member of the APC, a strong supporter of the APC presidential candidate, and the APC Gubernatorial candidate in Lagos State.
And that MC Oluomo has been quoted saying: “I am an Asiwaju Bola Ahmed Tinubu Jagaban loyalist, I wear the Jagaban jersey, I’ve been a loyalist since 1999. The first Mecca I went is through his excellency in the year 2000, more so, he has done a lot for me, he made me who I am today our relationship has been very cordial and strong in the area that I grew up in…”, a copy of AIT online news report is shown to me and marked Exhibit 6.
He said he undoubtedly believes that the followership of commercial bus drivers (whom Defendant has entered a contract with to distribute election materials) to MC Oluomo is cultlike. He has a way of influencing or enforcing compliance amongst the drivers. And that MC Oluomo and many drivers being contracted by Defendant recently organised a solidarity rally to show their support for the APC presidential and Gubernatorial candidates.
He stated that he had read Sections 26 and 27 of the Electoral Act 2022, and knew that contracting MC Oluomo and his drivers to distribute election materials after their open support and loyalty to a candidate should not be allowed.
In the alternative, the deponent stated that UBER and other car hiring services have more drivers and cars than the MC Oluomo-led Lagos State Parks Management Committee. And that Lagos State has now become a logistics hub, where logistics companies are springing up in thousands daily. Hence, Defendant has many options in Lagos than in other states in terms of distribution of election materials.
He averred that he certainly believes that by Sections 26 and 27 of the Electoral Act 2022, the appointment, partnership or engagement of the MC Oluomo-led Lagos State Parks Management Committee and his drivers is unlawful. And other Presidential candidates and civil society groups have warned the INEC from associating with the MC Oluomo-led Lagos State Parks Management Committee, but all fell on deaf ears.
I know that only the Honourable Court can mandate the Defendant to ensure strict compliance with Sections 26 and 27 of the Electoral Act 2022. Shown to me and marked Exhibit 8 is an online report of the Cable dated 9 February 2023.
He averred that “It is in the interest of justice that the Court should set aside any such MOU or contract between the INEC and the MC Oluomo-led Lagos State Parks Management Committee and his drivers as same will only lead to election sabotage and manipulations. And INEC should be ordered to disengage with the MC Oluomo-led Lagos State Parks Management Committee and its drivers.
He stated that damages would not be an adequate remedy for the loss that would be suffered by the applicants and the entire good people of Lagos State if the INEC is not restrained. And that INEC is not financially capable of adequately compensating the applicants and the whole of the good people of Lagos State if the election materials are tempered with an election sabotaged.
He stated that the applicants are willing and able to give an undertaking as to damages and, at this moment, does give the project as to damages if the order sought is not granted. And that it will be in the interest of justice that the Court gives the reliefs sought by the applicants to protect the people and the sanctity of the coming elections.
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