A Federal High Court sitting in Lagos on Monday refused a prayer urging it to suspend the forthcoming local government elections in Lagos State, pending the determination of the grievances by the eleven political parties that sued the electoral body before the court.
Justice Chukwujekwu Aneke, who presided over the matter declined the prayer by the political parties, urging it to grant an order of Status quo ante, to stop the July 24, local government election in the state.
The court’s decision was arrived at after it upheld the argument canvassed by Mr Kemi Pinheiro, SAN, counsel to the Lagos State Independent Electoral Commission (LASIEC).
Eleven political parties including the Alliance for Social Democrats; All Grand Alliance Party; Change Advocacy Party; Mega Party of Nigeria; Progressive People’s Alliance; Save Nigeria Congress; We The People’s of Nigeria; Young Democratic Party; Advanced Congress of Democrats and Mass Movement of Nigeria have dragged the Lagos State Independent Electoral Commission, LASIEC to court asking for the stoppage of the poll for not registering them to participate.
Joined in the suit are the Lagos State Attorney-General and Commissioner for Justice and the Independent National Electoral Commission (INEC).
When the matter came up, another three political parties including the African Action Congress (AAC), African Peoples Movement (APM) and BOOT, sought to join the suit as co-plaintiffs.
In his response, Pinheiro said the matter could not go on because the new political parties which sought to be joined have not served him their processes, hence the court cannot go on with the matter.
He, therefore, urged the court to adjourn proceedings till after the annual vacation of the court.
He submitted the failure of any party to comply with the rules guiding the issue of service would rob the court of jurisdiction to entertain the case because “service is very fundamental before a case can be properly adjudicated on. ”
When the plaintiffs’ counsel Mr Taiwo Alabi suggested that the court should issue an order of Status Quo Ante Bellum, meaning parties to stay action until the determination of the case pending in court, due to circumstances surrounding the case, Pinheiro opposed the application.
Pinheiro submitted that Alabi’s offer was a trap “which the court must not fall for.”
“How can the plaintiff in the face of various applications for joinder filed by different parties which are yet to be served on me, and a motion challenging the jurisdiction of the court from entertaining the case filed by us, be seeking the order of status quo?
“I pray the court to adjourn further proceedings in this case till after the annual vacation of the court which is starting on the 26th of July,” the senior lawyer quipped.
While granting his application, Justice Aneke adjourned the matter till November 29 for the hearing of all applications.
