Abuja Federal High Court vacates order stopping OSSIEC from conducting local government election in Osun
The Federal High Court sitting in Abuja presided over by Justice John Tosho has held that the interim order granted on 4th of December 2017 restraining the Osun State Independent Electoral Commission from holding elections has lapsed by effluxion of time.
The Court upheld the contention of the Attorney General of Osun, Dr. Surajudeen Ajibola Basiru that the orders granted on 4th of December are made upon the earlier ex parte application of the Plaintiffs heard on 27th November, 2017.
The Court further held that being orders granted ex parte they are caught by the provision of Order 26 rule 12 of the Federal High Court Civil Procedure Rules which provides that an order granted upon an ex parte application will lapse where a person affected by the orders filed as application to discharge and/or vary the orders and the application is not heard within fourteen (14) days of filing.
The Court held that the Osun State Government as the 7th Defendant filed an application to discharge the orders made on 4th of December 2017 and it is not in contention that the application has not been heard within 14 days.
Justice Tsoho therefore held that that the interim orders of injunction has lapsed and therefore there is no extant court order.
The court disagreed with Learned Counsel for the Plaintiffs Chief Clarke, SAN that the motion ex parte had been converted to motion on Notice.
The Court held that the term of its orders and Order 26 rules 10 and 17 is against the argument of Plaintiffs Counsel.
In view of the pending objection to service by the Osun House of Assembly and Osun Independent Electoral Commission sued respectively as 8th and 9th Defendants, the Court ordered that the Plaintiff properly serve the 8th and 9th Respondents. In consequence, Counsel to the 8th Respondent, Rachel Ojimi and 9th Respondent, Dr. A.I. Layonu SAN withdrew the preliminary objection earlier filed to complain about improper service.
Plaintiffs Counsel also applied to withdraw Motion on Notice for orders of Interlocutory injunction it filed and the court struck out the applications. The court adjourned to 12th March 2018 for further hearing.