By way of Originating Summons, the Respondents in the High Court of Osun State sought the following reliefs:-
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1
A DECLARATION that by the combined provisions of Paragraphs 11 and 12 of Second Schedule of the 1999 Constitution and Section 121 of the Electoral Act, the National Assembly has powers to make laws with respect to registration of voters and the Procedure regulating elections to Local Government Councils.
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2
A DECLARATION that Section 10 of the Electoral Law of Osun State which stipulates 21 days Notice of the date of Election into Local Government in Osun State is Null and Void as it is inconsistent with Section 31 Electoral Act 2006 which provides 150 days Notice of Election date which forms part of the Procedure for the Conduct of Elections into the Local Government Councils.
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3
A DECLARATION that the Osun State Independent Electoral Commission cannot validly conduct Election into the 30 Local Government Councils in Osun State without giving 150 days mandatory Notice of Poll to the Plaintiffs in accordance with Sections 31 and 121 of the Electoral Act.
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4
AN ORDER compelling the 1st Defendant to give Statutory Notice of Election to Plaintiffs as prescribed under Section 31 of the Electoral Act.
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5
AN INJUNCTION restraining the 1st Defendant, its agents, servants, officers, privies, assigns and or howsoever called from giving effect to or implementing the provisions of Section 10 of the Osun State Electoral Law 2002.
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6
AN INJUNCTION restraining the 1st Defendant from conducting any election into the local government councils in Osun State on the basis of Section 10 of the Osun State Electoral Law, 2002.
An affidavit in support of the Originating Summons, together with Counter Affidavit in opposition were filed by the parties. The Osun State High Court found for the Plaintiffs in respect of relief (1), but refused the other reliefs. Dissatisfied with the judgment of the trial Court, the Plaintiffs have appealed to the Court of Appeal. It is worthy of note that the trial High Court's judgment was delivered on the 14112/07 while the 1st Defendant conducted the election in the 30 Local Government Councils in the State on the 15/12/07. Whilst the Notice of Appeal to the Court below was filed on the 24/12/07.
The lower Court heard the appeal, and after considering the respective briefs of argument of the parties allowed the appeal and ordered as follows:-
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1
That by the combined provisions of items 11 and 12 of the second schedule to the 1999 Constitution and Section 121 of the Electoral Act, the National Assembly has powers to make laws with respect to registration of voters and the procedure regulating elections to Local Government Councils.
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2
That Section 10 of the Electoral Law of Osun State 2002 which stipulates 21 days notice of the date of election into Local Government in Osun State is null and void as it is inconsistent with Section 31 of the Electoral Act, 2006 which provides 150 days notice of election date which forms part of the procedure for the conduct of elections into Local Government Councils.
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3
That the Osun State Independent Electoral Commission cannot validly conduct election into the 30 Local Government Councils of Osun State without giving 150 days mandatory notice of poll to the Plaintiffs in accordance with Sections 31 and 121 of the Electoral Act, 2006.
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4
It is hereby ordered that the 1st Respondent gives statutory notice of election to Plaintiffs as prescribed under Section 31 of the Electoral Act.
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5
The 1st Respondent, its agents, servants, officers, privies, assigns and or howsoever called are hereby restrained from giving effect to or implementing the provisions of Section 10 of the Osun State Electoral Law 2002.
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6
It is ordered that the purported Local Government Election conducted in Osun State by the 1st Respondent on December 15th 2007 is hereby set aside.
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7
It is hereby ordered that a fresh election be conducted in Osun State in strict compliance with the provisions of the Electoral Act, 2006."
The Respondents were dissatisfied with the judgment of the lower Court and have as a result, appealed to this Court.
