The Labour Party, Lagos State, has commenced moves to obtain an interlocutory Order to stop the Federal Government of Nigeria from remitting money to Local Governments in Lagos State, pending the final determination of it’s Pre-Election matter seeking nullification of the process leading to the Scam LGA/LCDA Election of 24th of July, 2021.
The Labour Party, Lagos State had in its suit prayed the High Court for:
A DECLARATION that the Lagos State Independent Electoral Commission (LASIEC) cannot validly conduct Election into the 20 Local Government councils and 37 Local Council Development Areas in Lagos State without giving the requisite mandatory Notice of Election appointing the place at which nomination papers are to be delivered, and published in each ward in respect of which an Election is to be held in accordance with Section 21(1)(b)and 21(3)of the Lagos State Independent Electoral Commission (LASIEC) law.
A DECLARATION that the Lagos State Independent Electoral Commission (LASIEC) cannot validly conduct Election into the 20 Local Government councils and 37 Local Council Development Areas in Lagos State without giving the requisite mandatory Notice of Poll not latter than 7 days before the Election published in every ward or constituency in which the Election is to be held in accordance with Section 41(1)(a)and 21(1)(b) of the Lagos State Independent Electoral Commission (LASIEC) law.
A DECLARATION that the Lagos State Independent Electoral Commission (LASIEC) by refusing to supply Labour Party with the nomination papers as requested before the last day prescribed for collection of nomination papers/forms violates Section 22(3) and 63 of the Lagos State Independent Electoral Commission (LASIEC) law.
A DECLARATION that the Lagos State Independent Electoral Commission (LASIEC) by not inviting Labour Party to the Stakeholders meetings on the Election and not supplying it with the informations and CTC of documents requested for, violates Sections 5(i) and 63 of the Lagos State Independent Electoral Commission (LASIEC) law.
A DECLARATION that according to the Lagos State Independent Electoral Commission (LASIEC) Election Guidelines any male Candidate, not being a Candidate that Emerge via Substitution, in any LGA or LCDA whose party did not pay for forms before 12 noon on 5th of may 2021 is not a valid Candidate for the Local Council Elections whether held on 24th of July or any other day whatsoever.
A DECLARATION that in the Election process, where there remain not more than one valid Candidate in any ward or LGA or LCDA, at the last day for submission of nomination forms, and Lagos State Independent Electoral Commission (LASIEC) does not publish or write the political parties including Labour Party to give notice of such so that there is equal opportunity to participate in the extension of nomination date, the Election proccess can not produce a valid Election whether held on 24th of July or any other day whatsoever.
A DECLARATION that with the bias, infractions and violations of its own Election Guidelines, violations of the Lagos State Independent Electoral Commission (LASIEC) law, and violations of the 1999 Nigeria Constitution (as amended), whatever Election held sequel to such process, whether held on 24th of July or any other day whatsoever is null and void.
A DECLARATION that Section ii (Payment) of the Lagos State Independent Electoral Commission (LASIEC) Guidlines dated 24th of April 2021 and sections 25 (2)(c), 25(2)(f), 25(3), 25(4) of the Lagos State Independent Electoral Commission (LASIEC) law are contrary to Sections 7(4), 106 and 107 of the Constitution of the Federal Republic of Nigeria, 1999.
AN ORDER compelling the Lagos State House of Assembly to expunge sections 25 (2)(c), 25(2)(f), 25(3), 25(4) from the Lagos State Independent Electoral Commission (LASIEC) law forthwith.
AN ORDER setting aside all actions of the Lagos State Independent Electoral Commission (LASIEC) relating to the Election process commenced via a purported notice of election dated 21st of April, 2021 and any sequel Election whether held on 24th of July, 2021 or any other day whatsoever.
AN ORDER that a fresh Election process and poll should be commenced by the Lagos State Independent Electoral Commission (LASIEC) in strict compliance with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 and relivant laws.
AND FOR SUCH ORDER(S) as the Honourable court may seem fit to make in the circumstancesThe Labour Party, Lagos State had presented facts that:
•. That all Registered Political Parties including the Applicant and the Respondents operate under and are bound by the 1999 Constitution of the Federal Republic of Nigeria (as ammended).
•. That the 1st RESPONDENT clearly knows the contacts and how to contact or interact with the applicant as promptly as it wishes to;
•. That according to the Lagos State Independent Electoral Commission (LASIEC) law which is a product of the 2nd, 3rd and 4th Respondents, section 21 (3), Notice of Election SHALL be published in each ward in respect of which an Election is to be held, but the 1st RESPONDENT deliberately injured the law by not complying to it as the applicant notified it in its letter dated 25-5-2021 marked as exhibit 01 , as it admitted in its letter dated 15-5-2021 marked as exhibit 02, that it chose (against the law) to publish in the dailies.
•. That according to the Lagos State Independent Electoral Commission (LASIEC) law giving the requisite mandatory Notice of Poll not latter than 7 days before the Election published in every ward or constituency in which the Election is to be held in accordance with Section 41(1)(a)and 21(1)(b) of the Lagos State Independent Electoral commission law is a prerequisite of the election but the 1st RESPONDENT deliberately injured the law by not complying to it, No notice of Poll in the wards.
•. That according to the Lagos State Independent Electoral Commission (LASIEC) law section 21 (1) (b), Notice of Election SHALL be published, appointing the place at which nomination papers are to be delivered, but the 1st RESPONDENT deliberately injured the law by not complying to it, as evident in the 1st Respondents “Notice of Election” attached and marked as exhibit 03
•. That according to the Lagos State Independent Electoral Commission (LASIEC) law a Stakeholders meeting involving Registered Political Parties is important precedent to issuing Election Guidelines, Labour Party was deliberately not invited to any Stakeholders meeting;
•. That Labour Party officials visited Lagos State Independent Electoral Commission (LASIEC) on 4-5-2021, 5-5-2021, 6-5-2021, but refused from seeing any functional officer that could give useful information or answer vital questions.
•. That it was sequel to “Coersed Pressure” by Labour Party officials at the Commissions premises on 7-5-2021 that the HOD, Legal of the Commission attended to Labour Party officials.
•. That it was on 7-5-2021 that Labour Party was given a copy of the Notice of Election and Election Guidelines, attached and marked as exhibit 03 and 04 respectively.
•. That it was on 7-5-2021 that Labour Party discovered that against the Lagos State Independent Electoral Commission (LASIEC) law, Section 22 (3) and 25 (3), the Commission chose to sell the nomination papers/forms, refused to supply Labour Party the nomination papers/forms prior to filling and submission.
•. That it was also discovered that the 1st RESPONDENT mischievously compelled payments to be made within 15 hours, 4-5-2021 to 12 noon on 5-5-2021, when the Labour Party had not conducted it’s Primaries after which the elected aspirants will have confidence to make payments, purporting Political Parties to be investment institutions which they are not, the guideline issued by the 1st RESPONDENT is attached and marked as exhibit 04
•. That when Labour Party drew the 1st RESPONDENT attention to the fact that the said contents of the Guidelines were against the Lagos State Independent Electoral Commission (LASIEC) law, and has illegally blocked Labour Party and it’s members out of the Elections, the 1st RESPONDENT offered Labour Party a “private” arrangement (which was later discovered had been offered to some other parties too) of paying after the deadline in the Guidelines.
•. That after due consultation, Labour Party requested that the commission should make a publication that it had extended the payment deadline or write Labour Party a letter to that effect, but the 1st RESPONDENT refused.
•. That after being illegally exempted from the Election through the illegal requirement in its guideline, the applicant had no option than to request for female forms which the 1st RESPONDENT stipulated were free.
•. That after much delay, the commission requested that the Labour Party write to that effect, which was done via letter dated 10-5-2021, attached and marked as exhibit 05
•. That despite the letter of 10-5-2021, the 1st RESPONDENT continued to further deliberately frustrate Labour Party from contesting the Elections by refusing to supply it with the papers/forms.
•. That Labour Party wrote letter of Notice of Primaries dated 10-5-2021, attached and marked as exhibit 06 notifying the 1st RESPONDENT of it’s Primaries to be held on 1-6-2021.
•. That sequel to “Coersed Pressure” by Labour Party officials at the 1st RESPONDENT premises, the 1st RESPONDENT handed over a letter dated 18-5-2021, but released on 21-5-2021 to Labour Party, attached and marked as exhibit 02
•. That instead of supplying it with the papers/forms t the 1st RESPONDENT further deliberately frustrate Labour Party by refusing to supply it with the papers/forms unless it supply the names of it’s Candidates, despite Labour Party being yet to hold it’s Primaries where the Candidates will emerge; the 1st Respondents letter to this effect is attached and marked as exhibit 02
•. That Labour Party again requested for papers/forms, reminding it that it actions violates Section 63 of Lagos State Independent Electoral Commission (LASIEC) law, via letter dated 26-5-2021, attached and marked as exhibit 01
•. That Pursuant to preparations for the Elections and claims, Labour Party requested for
CTC of Notices of Primaries of all Political Parties as at 26-5-2021
CTC of Evidence of Payments for forms of all parties as at 12noon, 5-5-2021
CTC of all payments made by labour Party to LASIEC in 2017
Description & Identification of Polling Station, Polling Units, Ward collating centers, LGA/LCDA collating centers and related information where Elections will take place in Lagos State.
Names, Phone/WhatsApp Number & office addresses of LASIEC Electoral Officers in all the LGAs & LCDAs in Lagos State.This was done via letters dated 25-5-2021 and 16-6-2021, attached and marked as exhibits 07 and 08 respectively
Till date, none of the information has been supplied neither has any reply been received.
•. That Labour Party successfully held is Primaries on 1-6-2021, but no official of the Commission attended, despite sufficient notice and the fact that the commission’s officials attended that of APC and PDP.
•. That despite not attending the Primaries, Labour Party conveyed complete details and result of the Primaries in which all the names of the Candidates that emerged in al the wards, LCDA and LGAs were contained, to the commission via a letter and a 59 paged document dated 2-6-2021, attached and marked as exhibit LP 09 and LP 10 respectively.
•. That in continuation to further deliberately frustrate Labour Party from contesting the Elections, the commission ontinued to refuse to supply it with the requisite Election and Nomination papers/forms till the prescribed date for collection closed on 3-6-2021;
•. That the commission mischievously released the requisite Election and Nomination papers/forms to labour Party at 4:46pm on 4-6-2021, which was the last day prescribed for submission of the papers/forms.
•. That all attempts to submit the filled papers/forms on 5-6-2021 and 6-6-2021 was rebuffed and frustrated by the commission, despite other parties papers/forms being collected by the commission on those dates. This is cantained in the Labour Party letter to the Commission dated 7-6-2021, attached and marked as exhibit LP11.t
•. That having being frastrated, all the Candidates except two stormed the Labour Party Secretariat to coersively retrieve their filled forms and document declaring that they no more have confidence in Lagos State Independent Electoral Commission (LASIEC). This is reflected in the letter of withdrawal of Chairmanship and Vice Chairmanship Candidates of Agboyi)Ketu LCDA, dated 15-6-2021, attached and marked as exhibit LP12 and LP12 respectively.
•. That Section 25 (2) ©, 25 (2) (f), 25 (3) of the Lagos State Independent Electoral Commission (LASIEC) law, and the Lagos State Independent Electoral Commission (LASIEC) Guidelines, which the commission has used as the bases of the Lagos State Local Government Elections slated for 24-7-2021 violates Sections 7 (4), 106, and 107 of the 1999 Nigeria Constitution (as ammended).
•. That Considering all the blatant bias, partisanship and actions against Labour Party and flagrant violation of Lagos State Independent Electoral Commission (LASIEC) law and the 1999 Nigeria Constitution (as ammended), the applicant demanded suspension of the Lagos State Local Government Elections slated for 24-7-2021 and all processes leading to it immediately and the Election process started all over via a letter dated 15-7-2021, herein attached as exhibit LP12.
•. That despite demanding IMMEDIATE suspension of the Lagos State Local Government Elections slated for 24-7-2021 and all processes leading to it immediately and the Election process started all over the 1st RESPONDENT has not done so.
From the presented facts and considering decided Supreme Court Cases there is a very high probability that the LGA/LCDA Election will be nullified, set aside and a fresh Election ordered.
We Shall Overcome.
Aluta Continua, Victoria Acerta !!!
Dr. Lanre Akinloye,
Ag. Director,
Publicity Committee,
Labour Party, Lagos State.
Prince Prof. Ifagbemi Awamaridi,
Chairman, Labour Party, Lagos State