LG poll: Court voids administrative charges imposed by OGSIEC

An Ogun State High Court sitting in Abeokuta has nullified the administrative charges imposed on candidates by the State Independent Electoral Commission, OGSIEC, in the forthcoming November 16 local government election.

Newspot reports that the chairman of the commission, Babatunde Osibodu, had announced a N250,000 fee for chairmanship candidates, while councillorship candidates were charged N150,000 and N100,000 for their female counterparts.

Following this, 16 political parties, including the Peoples Democratic Party of Nigeria, Labour Party and African Democratic Party, amongst others, had in suit number AB/577/2024, challenged the imposition of administrative charges and the timetable released by OGSIEC.

Newspot reports that the presiding judge, Justice Tajudeen Okunsokan, in a judgement delivered on Tuesday, described the imposition of the administrative charges as unconstitutional, illegal, null and void.

Justice Okunsokan held that Section 14 of the Electoral Law conflicts with the provisions of Section 106 of the Constitution of the Federal Republic of Nigeria.

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Also in Paragraph 4(c) of the Local Government Election Guideline, it was provided that “Any political party fielding a candidate for either chairmanship or councillorship positions, during the elections, shall pay a non-refundable administrative fee per candidate as prescribed by the Commission.”

With the provision, Justice Okunsokan held that the OGSIEC has subtly introduced a condition that is contrary to the provisions of sections 7(4) and 106 of the Constitution.

“The fact that the condition is not stated under Paragraph 5 of the guideline does not derogate from the fact that it is one of the qualifications to contest in the election.

“There are no two ways to it; Paragraph 4(c) of the guideline is unconstitutional, and it is hereby nullified,” Justice Okunsokan held.

According to him, Section 1(3) of the Constitution of the Federal Republic of Nigeria stated that if any law is inconsistent with the provisions of the Constitution, the Constitution shall prevail and the other law shall be void.

“No doubt, Section 14 of the Electoral Law of Ogun State 2006, as amended by the Electoral (Amendment) Law of Ogun State 2007, is impari materia with the provisions of Section 14 of the Electoral Law of Ogun State 2001.

“However, for the avoidance of doubt, Section 14 of the Electoral Law of Ogun State 2006, as amended by the Electoral (Amendment) Law of Ogun State 2007, in view of its inconsistency with provisions of sections 7(4) and 106 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), is null and void and of no effect.”

He said further: “In the final analysis, this Originating Summons succeeds in part as reliefs one and two are meritorious while reliefs three and four lack merit.

“The imposition of the payment of an administrative fee in the sum of N250,000 on each male chairmanship candidate, N150,000 on each councillorship candidate and N100,000 on each female chairmanship or councillorship candidate contesting in the Ogun State Local Government Council Elections slated for 16th November 2024 on the platform of the claimants is unconstitutional, illegal, null and void.

“The imposition of the payment of administrative fee in the sum of N250,000 on each male chairmanship candidate, N150,000 on each councillorship candidate and N100,000 on each female chairmanship or councillorship candidate contesting in the Ogun State Local Government Council Elections slated for 16th November 2024 on the platform of the claimants is hereby set aside,” he said.