The Chairman of the Osun State Independent Electoral Commission, Mr Hashim Abioye, has commended the judiciary following the verdict of the Federal High Court, which dismissed the suit challenging his appointment by the All Progressives Congress.
In its reaction on Friday, Osun APC, in an interview, told PUNCH Online that the court’s decision is being examined before the party determines its next course of action.
Justice Adefunmilola Demi-Ajayi of the Federal High Court sitting in Osogbo, Osun State, dismissed the APC’s suit against Abioye’s appointment, citing lack of jurisdiction.
In the amended originating summons dated January 16, 2025, the APC contended that Abioye, as OSSIEC chairman, is a card-carrying member of the ruling Peoples Democratic Party in Osun.
Besides Abioye, the suit also named as defendants the Attorney General of the Federation, the Independent National Electoral Commission, the Attorney General of Osun State, Governor Ademola Adeleke, the Osun State House of Assembly, its Speaker, Adewale Egbedun, and OSSIEC.
The APC urged the court to restrain Abioye from acting as OSSIEC chairman and sought a declaration that Governor Adeleke cannot nominate him as OSSIEC boss.
In her judgment, Justice Demi-Ajayi dismissed the suit for lack of jurisdiction, noting that the plaintiff failed to serve the Osun State House of Assembly—a key party to the case—with the required three-month pre-action notice.
“The court can conclude and determine that the 6th defendant, Osun State House of Assembly, ought to have been served the requisite three-month pre-action notice by the plaintiff as a party to the suit to enable the suit to be competent and enable the court assume jurisdiction of the matter.
Having not done so, the entire suit cannot be constituted successfully or prosecuted in the absence of the 6th defendant, the Osun State House of Assembly.
Preliminary objection against the institution of the 6th defendant, Osun State House of Assembly, without compliance with the provision of Section 21 of the Osun State House of Assembly (Powers and Privileges) Law 2017, for the service of a three-month pre-action notice to the 6th defendant is upheld.
Therefore, the amended originating summons is found to be incompetent and dismissed for lack of jurisdiction,” the judge ruled.
Reacting to the judgment, Abioye said the judiciary had reaffirmed his position as OSSIEC chairman and validated all actions he has taken in office.
“I thank God for this, yet another great victory. With this latest court decision, all legal battles against my humble self, my Commission, and all that I have done as the Chairman of OSSIEC have been laid to rest.
Justice has been duly served, and I give kudos to the judiciary for this yet another masterpiece—not because it went in our favour, but because justice was manifestly served and due process upheld,” he said.
However, the Director of Research and Publicity of Osun APC, Kola Olabisi, told PUNCH Online, “We are studying the judgment. We are studying the judgment before the next step will be decided.”
PUNCH Online reports that Osun APC and the Adeleke administration have been engaged in multiple legal battles concerning local government elections conducted by OSSIEC under Abioye, and those supervised by his predecessor, Segun Oladitan.
The Osun APC leadership, while addressing journalists in Osogbo recently, decried the numerous cases instituted against the party by the Adeleke administration, saying the legal disputes have slowed down the pace of governance at the local government level.