Admin l Saturday, July 23, 2022
OGBOMOSO, Osun, Nigeria- The Peoples Democratic Party (PDP), Osun has issued a stern warning to the outgoing Governor of Osun State, Alh. Gboyega Oyetola and the Osun State Independent Electoral Commission (OSSIEC) against the purported plan to conduct Local Government elections across the Local Government Councils, Area Councils and the Local Council Development Areas in Osun State.
PDP maintained that it is illegal, unlawful and unconstitutional to embark on such wasteful exercise especially at this crucial period and process of transition to the awaiting PDP Administration and countdown to the taking over of power by the Osun State Governor-elect, Senator Ademola Jackson Nurudeen Adeleke.
The warning came on the heels of the reports from a reliable source filtering into the space and indicating that the APC administration in Osun State led by the outgoing Governor Oyetola and the APC have concluded plans to conduct LG elections in the state.
The Osun PDP noted that for close to 4 years since the coming into office of Governor Oyetola, and since the inauguration of OSSIEC by the Oyetola- led APC Administration, the APC has failed to conduct Local Government elections in the State, despite persistent demand by the PDP.
“It is also to be put on record that the PDP resorted to a litigation which is still pending before the High Court of Osun State in HOS/M.139/2021 with PDP as the plaintiff, and Governor of Osun State, Attorney-General of Osun State, the Osun State House of Assembly, the OSSIEC, the APC and the caretaker chairmen in the LGAs, ACDAs and the LCDAs as Defendants to question the legality, propriety and lawfulness or otherwise of the caretaker committee set up by Governor Oyetola instead of conducting valid Local Government elections to usher in a constitutionally recognised Local Government Administration in Osun State, so the matter is subjudice”, the PDP said in a statement signed by Hashim Abioye Esq, Secretary Osun PDP Legal Committee.
The concern of the PDP is further premised on the fact that by the provision of Section 28 of the Electoral Act, 2022, notice of any election must be given not less than 360 days before the holding of the election, while by the provision of section 29 of the said Electoral Act, every political party fielding candidates for the election must submit the list of it’s candidates not later than 180 days before the election.
“By the doctrine of covering the field, the OSSIEC law cannot give a shorter notice for the holding of an election than what is contained in the Electoral Act, otherwise, the OSSIEC law would be running into a collision course with the Electoral Act, and in that circumstance, it is the OSSIEC law that would give way, while the Electoral Act guides through.
“This is the settled principle of law to which the attention of the Governor Oyetola and OSSIEC is hereby drawn as in the case of OSSIEC. V. ACTION CONGRESS decided by the Supreme Court in 2011. Between now and 26th November, 2022 when the Administration of Governor Oyetola will come to an end, it is clearly less that 360 days, therefore making the planned Local Government election dead on arrival being a nullity ab initio”, the PDP said.
