Court Strikes Out APC Case Challenging Abioye’s Appointment As OSSIEC Chairman
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A Federal High Court sitting in Osogbo has dismissed a suit filed by the All Progressives Congress, APC, against the appointment of Barrister Hashim Abioye as chairman of the Osun State Independent Electoral Commission, OSSIEC.
The APC had, in the amended originating summons dated January 16, 2025, challenged Abioye’s appointment as OSSIEC chairman, alleging that he is a card-carrying member of the Peoples Democratic Party, PDP.
Joined in the suit as defendants were the Attorney General of the Federation, the Independent National Electoral Commission, Osun State Governor, the Attorney General of Osun State, the Osun State House of Assembly, the Speaker, Adewale Egbedun and OSSIEC.
In the originating summons, the plaintiff asked the court to stop Abioye from parading himself as chairman of the electoral body.
The APC also sought a declaration that the governor cannot forward the name of Abioye, being a bona fide member of his party, as OSSIEC chairman.
Delivering judgment on Thursday, Justice Adefunmilola Demi-Ajayi dismissed the APC suit for lack of jurisdiction.
The judge said the APC failed to serve the Osun State House of Assembly the requisite three-month pre-action notice, which would have enabled the suit be competent and allow the court jurisdiction on the matter.
Justice Demi-Ajayi said, “The court can conclude and determine that the 6th defendant, Osun State House of Assembly, ought to have been served the requisite three-month pre-action notice by the plaintiff as a party to the suit to enable the suit to be competent and enable the court assume jurisdiction of the matter.
“Having not done so, the entire suit cannot be constituted successfully or prosecuted in the absence of the 6th defendant, Osun State House of Assembly.