The Peoples Democratic Party (PDP) in Osun State has interpreted as illegal the plan by the State Independent Electoral Commission (OSSIEC) to conduct local government elections.
The party asked the state electoral body to stop the process saying the election conflicts completely with provisions of the law.
OSSIEC during the week had announced that it would conduct the local government election in October 2022.
In the party reaction, the PDP Caretaker Chairman, Dr Akindele Adekunle, the Secretary, Otunba Femmy Carrena and Legal Committee, Hashim Abioye drew the attention of the Commission, not only to the futility of conducting the election but to the grave danger of running foul of the law of the land with inherent consequences.
OSSIEC, according to PDP, is acting ignorant of “these clear provisions of the law for whatever reasons, while adamantly pressing for the conduct of the election, can only lead to one end, which is willful criminality and the attendant consequences.
The PDP reminded the state electoral body of a suit pending before the Federal High Court, Osogbo, challenging the legitimacy of the Commission as presently constituted.
The PDP also cited the Supreme Court decision in OSSIEC. V. ACTION CONGRESS, where it was stated without any ambiguity that no state electoral law can override the provision of the Electoral Act made by the National Assembly.
To this effect, by the provision of section 28 of the Electoral Act, 2022, no election can be held until notice is given not later than 360 days before the said election. The Electoral Act also provides mandatorily in section 29 the period within which a list of candidates must be published which is 180 days.
“It is no brainer that the period within which the outgoing APC administration in Osun State is left with is clearly far less than the period stipulated in paragraphs 28 & 29 of the Electoral Act, 2022.
“While we sympathize with the outgoing APC government in Osun State over the present but deliberate predicament, we must, however, warn that the incoming PDP government will not condone illegality under whatever guise”
“We are not unaware of the desperate plot by the outgoing government to use the conduct of the local government election to cover for some financial atrocities already perpetrated against the state, but the state government and members of OSSIEC must be reminded that such effort is akin to foisting double jeopardy on the already battered economy of the state”