Posted by News Express | 24 January 2018 | 1,749 times
The Osun State Government has declared Thursday and Friday, January 25 and 26, 2018, as public holiday. This is to enable Osun residents prepare for and participate in the Local Government Parliamentary Election scheduled to hold on Saturday, January 27, 2018.
A public announcement on Wednesday said: “The State Governor, Ogbeni Governor Rauf Aregbesola, urges the people of the state to enthusiastically exercise their civic duty by participating in this historic parliamentary election into local governments, the first of its kind in any state of Nigeria.
“He also admonishes them to be orderly, law abiding and conduct themselves peacefully, for the exercise to be successful. He assures all of the preparedness of the state electoral commission to conduct a hitch-free, credible, free, fair and transparent election that we will all be proud of. Law enforcement agencies are also ready and put on alert to protect lives and property and prevent breach of the peace and disruption of the election.
“Governor Aregbesola encourages the winners to magnanimous in victory and the losers to be gallant in defeat.
“He wishes all a happy holiday and a successful and peaceful election.”
News Express reports that the statement came barely hours after a Federal High Court sitting in Abuja vacated its order 2017 restraining the holding of elections into the Local Council Development Authorities (LCDAs) and withholding Local Government Allocations in Osun.
The court had on December 4, 2017 ordered the Central Bank of Nigeria, Accountant General of the Federal government and Ministry of Finance to warehouse statutory allocations to the local government councils in the state, as prayed by three members of the Peoples Democratic Party in a Motion Exparte.
The PDP members, Chief Kolawole Osunkemitan, Chief Douglas Adeyinka Oyinlola and Prince Aderemi Adeniran Adelowo, had approached the court with an application for the stoppage of monies for the local government in the state in an attempt to stop the conduct of the local government in the state.
Contesting the court order, the state government filed an application before the court with a prayer for the vacation of the order.
In his ruling on Wednesday morning, Justice John Tosho held that the interim order earlier granted restraining the holding of elections into the LCDAs and withholding Local Government Allocations has lapsed by effusion of time.
Justice Tosho also upheld the contention of the Attorney General and Commissioner for Justice in the state, Dr. Ajibola Basiru, that the orders earlier for the plaintiffs were made upon the earlier ex parte application heard on November 27, 2017.
The court further held that they were 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.
According to the court, Osun State Government being the 7th Defendant filed an application to discharge the orders made on 4th of December 2017 and it was 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 the plaintiff’s lawyer, 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.
On 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 plaintiffs should properly them.
Justice Tosho also struck out the applications for withdrawal of Motion on Notice for orders of interlocutory injunction filed the plaintiffs’ counsel.
The court adjourned the case till March 12, 2018 for further hearing.
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