Barely two days to the conduct of the local government election in Ekiti State, an Ado- Ekiti High Court on Thursday dissolved the State Independent Electoral Commission.
The court also restrained the commission from conducting Saturday’s council poll.
Justice John Adeyeye, in his one-hour ruling, agreed with the PDP that five members of the commission were card-carrying members of the ACN.
They included the commission’s Chairman,? Mrs Cecilia Adelusi,? Alhaji Abduraheem? Coker, who had since resigned, Mr Soji Oloketuyi, Mr Remi Olowoloba and Mr Christopher Oloje.
The court held that the five persons, being members of the ruling party, could not organise, conduct or supervise any credible election in the state.
He said the evidence adduced by the PDP through its chairman, Mr Bola Olu-Ojo, in its 10-paragraph affidavit deposed to in its originating summons of? Sept 28 , 2011,?? were reliable and of? probative value.
This, he said, was in accordance with the provision of Section 90 (1) of the Evidence Act.
Mr Dayo Akinlaja, the State Attorney General and Commissioner for Justice, who represented the state government? (7th respondent), had argued that all the curriculum vitaes? submitted by the plaintiffs were? photocopies and not Certified True Copies(CTCs) of the documents submitted to the State Assembly during screening.
But the PDP counsel, Mr Olalekan Olatawura, stated that the State Assembly, one of the respondents in the case, had denied the plaintiff access to the CTC Documents.
He argued that the secondary evidences (photocopies) were admissible in consonance with Section 89(1) of the Evidence Act.
The judge agreed with the position canvassed by Olatawura and held that the submission of the respondents’ counsel that the documents were “mere make belief”?? were evasive.
Adeyeye resolved all the three grounds formulated in favour of the plaintiff, saying it had sufficient evidence before the court to avail it of favourable judgment.
“In my humble opinion, I hereby hold that with the evidences before me, the 2nd to 6th respondents cannot validly conduct, organise or supervise a credible election being members and sympathisers of? a political party.
?“The appointments of the 2nd and 6th respondents, being politicians,? are unconstitutional and thereby declared null and void.
“The respondents are hereby restrained individually and severally from conducting the local government election,’’ he held.
One of the counsels to PDP, Mr Joeseph Ogunseemi, described the judgment as a re-enactment of public confidence in the nation’s judiciary.
“The judge displayed a high level of dexterity, brilliance and industry in delivering the judgment,’’ he said.
He urged the state government to abide by the order of the court and reconstitute the electoral body to conduct election that would be acceptable to all the parties.
The Deputy Chairman of the PDP, Mr David Oke, also urged the state government to comply with the order of the court.
But the representative of the Attorney General and Commissioner for Justice, Mr John Ajibare, declined comment when he was approached by newsmen.
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