Court Declines To Suspend July 24 Lagos Council Poll

A Federal High Court sitting in Lagos yesterday declined to make
an order of status quo ante that would have suspended the local
government elections in Lagos scheduled for Saturday, July 24,
2021.

Justice Chukwujekwu Aneke, rather, adjourned till November 29,
proceedings in the suit filed by an All Progressives Congress (APC)
chairmanship aspirant Raheem Rasaki Alani.

The judge gave the ruling after upholding the argument of
counsel to the Lagos State Independent Electoral Commission
(LASIEC), Mr Kemi Pinheiro, SAN.

Joined as first and second defendants/respondents in the suit
numbered FHC/L/CS/677/2021 are the Independent National Electoral
Commission (INEC) and LASIEC.

Alani is seeking, among others, to restrain INEC from making the
register for Lagos’ 20 Local Government Areas (LGA) available,
arguing that LASIEC ought to conduct the election in accordance
with the “constitutionally-recognised” LGAs in Lagos, and not based
on the 57 Local Council Development Areas (LCDAs) created by the
state.

But Pinheiro has filed a preliminary objection on behalf of
LASIEC praying the court to strike out and or dismiss the suit in
its entirety.

At the resumption of proceedings on Monday, some political
parties including the African Action Congress (AAC), African
Peoples Movement (APM) and BOOT informed the court of their
intention to join as plaintiffs.

Responding, Pinheiro prayed the court to adjourn proceedings
till after the annual vacation of the court because, among others,
the intending parties who said they had filed a notice to join the
suit, had yet to serve him and until that was done, the case could
not go on.

He argued further that the failure of any party to comply with
the law guiding the issue of service would rob the court of
jurisdiction to entertain the case because “service is very
fundamental before a case can be properly adjudicated on.”

When Alani’s counsel Mr Taiwo Alabi suggested that given the
development, it was reasonable that the court should issue an order
of status quo ante bellum i.e. parties should stay action until the
determination of the case pending in court, Pinheiro opposed
him.

He submitted that Alabi’s offer was a trap “which the court must
not fall for” adding that the Appeal Court had stated on different
occasions that the court should not entertain that type of
approach.

“How can the plaintiff in the face of various applications for
joinder filed by different parties which are yet to be served on
me, and a motion challenging the jurisdiction of the court from
entertaining the case filed by us, be seeking the order of status
quo?

“I pray the court to adjourn further proceedings in this case
till after the annual vacation of the court which is starting on
the 26th of July,” Pinheiro added.

Granting his application, Justice Aneke adjourned till November
29 for the hearing of all applications.

He advised the plaintiff to approach the vacation judge during
vacation.

A Federal High Court sitting in Lagos yesterday declined to make
an order of status quo ante that would have suspended the local
government elections in Lagos scheduled for Saturday, July 24,
2021.

Justice Chukwujekwu Aneke, rather, adjourned till November 29,
proceedings in the suit filed by an All Progressives Congress (APC)
chairmanship aspirant Raheem Rasaki Alani.

The judge gave the ruling after upholding the argument of
counsel to the Lagos State Independent Electoral Commission
(LASIEC), Mr Kemi Pinheiro, SAN.

Joined as first and second defendants/respondents in the suit
numbered FHC/L/CS/677/2021 are the Independent National Electoral
Commission (INEC) and LASIEC.

Alani is seeking, among others, to restrain INEC from making the
register for Lagos’ 20 Local Government Areas (LGA) available,
arguing that LASIEC ought to conduct the election in accordance
with the “constitutionally-recognised” LGAs in Lagos, and not based
on the 57 Local Council Development Areas (LCDAs) created by the
state.

But Pinheiro has filed a preliminary objection on behalf of
LASIEC praying the court to strike out and or dismiss the suit in
its entirety.

At the resumption of proceedings on Monday, some political
parties including the African Action Congress (AAC), African
Peoples Movement (APM) and BOOT informed the court of their
intention to join as plaintiffs.

Responding, Pinheiro prayed the court to adjourn proceedings
till after the annual vacation of the court because, among others,
the intending parties who said they had filed a notice to join the
suit, had yet to serve him and until that was done, the case could
not go on.

He argued further that the failure of any party to comply with
the law guiding the issue of service would rob the court of
jurisdiction to entertain the case because “service is very
fundamental before a case can be properly adjudicated on.”

When Alani’s counsel Mr Taiwo Alabi suggested that given the
development, it was reasonable that the court should issue an order
of status quo ante bellum i.e. parties should stay action until the
determination of the case pending in court, Pinheiro opposed
him.

He submitted that Alabi’s offer was a trap “which the court must
not fall for” adding that the Appeal Court had stated on different
occasions that the court should not entertain that type of
approach.

“How can the plaintiff in the face of various applications for
joinder filed by different parties which are yet to be served on
me, and a motion challenging the jurisdiction of the court from
entertaining the case filed by us, be seeking the order of status
quo?

“I pray the court to adjourn further proceedings in this case
till after the annual vacation of the court which is starting on
the 26th of July,” Pinheiro added.

Granting his application, Justice Aneke adjourned till November
29 for the hearing of all applications.

He advised the plaintiff to approach the vacation judge during
vacation.