A Federal High Court in Abuja has opened hearings in a suit seeking to stop the Oyo State Government from proceeding with plans to conduct local government elections in the state.
On Tuesday, Justice Obiora Egwuatu ordered the plaintiff, Akinloye Oyeniyi, to serve all relevant documents relating to the case on the defendants.
Justice Egwuatu adjourned further proceedings to September 10 for the report of service of the suit’s originating documents on the two defendants.
The suit, marked FHC/ABJ/CS/1849/2026, filed by Oyeniyi through his lawyer, Ayo Omoleaupen, lists the Oyo State Independent Electoral Commission (OSIEC) and the Independent National Electoral Commission (INEC) as defendants.
Oyeniyi, who said he is a businessman and politician from Ogbomosho in the state, stated in a supporting affidavit that if the court allows the elections to be conducted, his interest would be gravely affected.
He further stated that the OSIEC and INEC would suffer no injustice if the reliefs sought in his application for an interim injunction are granted, as it will assist in upholding the rule of law and strengthening democracy.
The plaintiff added, “The defendants/respondents will not lose anything by the grant of this application. I do know that the balance of convenience in this application is in favour of the plaintiff/applicant.”
“I do also know that by the violation of the provisions of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and the Electoral Act, 2026 by the defendants/respondents, the defendants/respondents cannot adequately compensate the plaintiff/applicant by damages.
“The grant of this application will not in any way prejudice the interest of the defendants/respondent.”
Oyeniyi, who raised a number of questions for the court’s determination, is seeking, among others, a declaration that OSIEC’s constitutional duty is limited to the “verification of documents of nominated candidates” by political parties in compliance with the provision of 4(a), Part II of the Third Schedule of the 1999 Constitution of the Federal Republic of Nigeria (As Amended). And section 153(1) of the Electoral Act, 2026.
He also wants the court to declare that OSIEC lacks the power of “verification/screening of councillorship and chairmanship candidates” or “screening of substituted candidates” by virtue of paragraph 4(a) Part II of the Third Schedule of the Constitution of the Federal Republic of Nigeria (As Amended) and section 153(1) of the Electoral Act, 2026.
The plaintiff is equally praying the court to issue an order restraining the INEC and its agents from releasing to OSIEC, the register of Voters containing a register of voters in Oyo State – the official register of voters certified by INEC – for use in the conduct of the planned local government councils elections in the state until OSIEC strikes out, cancels and or annuls Items 6 and 9 of the Revised TimeTable and Schedule of Activities for the 2026/2027 Local Government Councils Elections in conformity with Paragraph 4(a) Part II of the Third Schedule of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and section 153(1) of the Electoral Act, 2026.
Oyeniyi also wants the court to strike out, cancel or annul Items 6 and 9 of the Revised Time Table and Schedule of Activities for the 2026/2027 Local Government Councils Election which is in contravention to Paragraph 4(a), Part II of the Third Schedule of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and section 153(1) of the Electoral Act, 2026.
