A Federal High Court sitting in Lagos on Monday restrained the Independent National Electoral Commission (INEC) from using  Alhaji Musiliu Akinsanya popularly known as MC Oluomo or any of his agents, or drivers for the distribution of INEC materials in Lagos State.

    The presiding Judge Chukwujekwu Aneke made the restraining order as a result of a suit filed before the court  by the Labour Party and five other plaintiffs asking the court to restrain INEC from using Alhaji Musiliu Akinsanya for the distribution of INEC materials in Lagos State.

      Co-plaintiffs in the Suit are  Gbadebo Rhodes-Vivour (the Labour Party gubernatorial candidate for Lagos State); African Democratic Congress (ADC),  Funsho Doherty;  Boot Party and Wale Olumo while the Independent National Electoral Commission (INEC) is only the defendant/ respondent in the suit.

      In a motion dated February 15, 2023,   filed by the plaintiffs’ counsel, Abbas Arisekola Ibrahim, the plaintiffs prayed to the court for  “An order of interlocutory injunction restraining the Independent National Electoral Commission, whether by itself or by its officers,  affiliates, servants, privies or agents or any person acting or purporting to act for and on its behalf howsoever from taking any steps or further steps whatsoever in furtherance of the engagement or appointment or consummating the appointment of Musiliu Akinsanya popularly known as MC Oluomo – led Lagos State Parks Management Committee or any of its commercial bus drivers to distribute 2023 election materials and personnel in Lagos State pending the hearing and determination of the substantive suit.”

“An order abridging time within which the defendant is to file its counter affidavit to the substantive originating summons”

And for such other order/ orders as the  court may deem fit to make in the circumstances.

The plaintiffs alleged that thier rights  to free and fair election in Lagos State is severely threatened;  Damages would not be an adequate remedy,the balance of convenience is in favour of the plaintiffs, and it is in interest of justice to restrain the defendant from taking any steps or further steps that may foist a fait acompli on the court in respect of the substantive suit.

Other reliefs sought by the plaintiffs in the substantive suit are:

“A declaration that the appointment, partnership or contracting of Musiliu Akinsanya popularly known as MC Oluomo,- led Lagos State Parks Management Committee by INEC to distribute 2023 election materials and personnel in Lagos State violate Section 26 and 27 of the Electoral Act 2022 and consequently unlawful, null and void.

     A declaration that the appointment, partnership or contracting of Musiliu Akinsanya popularly known as MC Oluomo-  led Lagos State Parks Management Committee, established by Governor Babajide Sanwo Olu, the APC gubernatorial candidate in Lagos State and any of its members and/or drivers by INEC to distribute election materials and personnels in Lagos State will give room for election sabotage, manipulation, and rigging in favour of All Progressive Congress APC and consequently unlawful and illegal.

     A declaration that the appointment, partnership or contracting of Musiliu Akinsanya popularly known as MC Oluomo-led Lagos State Parks Management Committee or any of its members and/or drivers by INEC to distribute 2023 election materials and personnels in Lagos State is unlawful, wrongful, unjust and/or unreasonable and should be stopped immediately.

     An order setting aside any partnership, undertaking, contract and /or Memorandum of understanding of any form or nature executed by Musiliu Akinsanya popularly known as MC Oluomo, the Lagos State Parks Management Committee or any of its members and/or drivers with INEC to distribute election materials and personnels in Lagos State.

     An order of perpetual injunction restraining INEC  and/ or their privies or any persons acting under their directions from contracting, partnering or appointing Musiliu Akinsanya popularly known as MC Oluomo, Lagos State Parks Management Committee or any of its members and/or drivers to distribute 2023 election materials and personnels in Lagos State.

     After listening to the argument of Barrister Abass Arisekola the Plaintiffs counsel for ,and going through the affidavit in support and exhibits attached, Justice Aneke declare that there is merit in the reliefs sought and therefore granted the prayers.

    “Having gone through the paragraphs in the affidavit, their is merit and the reliefs are hereby granted.

“The matter is adjourned to Wednesday February 22 for hearing of the substantive suit and hearing notice to be served on the respondent immediately”